Joyner v. Ohio Nat. Life Ins.

HOLMES, Circuit Judge.

The issue in this case is whether or not a certain policy of life insurance issued to Oscar Joyner was in force at the time of his death on August 5, 1939. It is undisputed that the policy was permitted to lapse, but appellants contend that later it was reinstated. The case turns upon the question of reinstatement, and the court below held that none was effectuated.

The premiums were paid on the policy until the one which became due on September 27, 1935; it was not paid. On November 19, 1935, Joyner was notified that the policy had lapsed; and the insurer suggested that…