Starnes v. Occidental Life Ins. Co. of California

CAYTON, Chief Judge.

This case has been tried four times 1 and appealed twice. For a proper understanding of the present issues, it becomes necessary to refer again to some of the testimony which was before us on the former appeal. Lame Elk White Horse had sued2 on a health and accident policy which had been issued to him by defendant company on' May 17, 1946, and which had lapsed for nonpayment of premiums on September 1, 1946. In March 1947, he wrote a letter to the company inquiring what payments would be necessary to put the policy back in force. The company responded through its agent…