Reliable Life Insurance v. Harvey

George Howard, Jr., Justice,

dissenting. I am compelled to dissent from the holding of the majority which reverses and remands this case to the trial court on the premise that “The general and well settled rule is ‘that in the absence of statutory or contract provision to the contrary, if a legal risk has attached or commenced, there can be no apportionment or return afterward of the premium, so far as that particular risk is concerned’.” A very close scrutiny of the insurance policy involved in this action clearly does not sustain the majority’s view and conclusion and consequently, the trial…