Mutual Life Insurance v. Jarboe
Court of Appeals of Kentucky
Case 14 — PETITION EQUITY APPEAL PROM MARION. CIRCUIT1 COURT. !L Neither of the conditions upon' which the policy holder was entitled to, the paid-up policy were complied with. He neither surrendered the policy before default nor within six months af-terwards, and did not demand the paid-up policy within that time. He can not come into a court and enforce this right which he has lost under the terms of the policy.
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Case 14 — PETITION EQUITY APPEAL PROM MARION. CIRCUIT1 COURT. !L Neither of the conditions upon' which the policy holder was entitled to, the paid-up policy were complied with. He neither surrendered the policy before default nor within six months af-terwards, and did not demand the paid-up policy within that time. He can not come into a court and enforce this right which he has lost under the terms of the policy. Hexter v U. S. Life Insurance Co., 91 Ky., 335 (1891); N. W. Mutual Life Insurance Co. v. Barber, 92 Ky., 427 (1891); McLaughlin v. Equitable,. 67 N. W., 537-38 Neb., 725 (1894);…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion op the court.
Tbis suit was instituted in the Marion Circuit Court by the appellees against the appellant seeking to obtain judgment for a paid-up insurance policy. It appears from the petition tbait a $3,000 policy of life insurance was issued by appellant on the life of said Benjamin F. Jarboe, payable to bis wife, appellee herein. Said policy was issued on what is known as the twenty-year distribution plan, and on *82which said Jarboe was to pay only twenty annual payments. The annual premiums amounted to $93.30 each. It is alleged that appellee paid the three…
2Cases cited3 opinions
- Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
- Johnson v. Southern Mutual Life InsuranceCourt of Appeals of Kentucky · 1881
- Southern Mutual Life Insurance v. MontagueCourt of Appeals of Kentucky · 1887
3Cited by15 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- New York Life Insurance v. N. L. Curry & Bro.Court of Appeals of Kentucky · 1903
- Southern Life Insurance v. HazardCourt of Appeals of Kentucky · 1912
- Mutual Life Ins. v. TwymanCourt of Appeals of Kentucky · 1906
- Shawnee Mut. Fire Ins. Co. v. CannedySupreme Court of Oklahoma · 1912
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