Lawrimore v. American Health & Life Insurance

Harwell, Justice:

American Health and Life Insurance Company appeals from a verdict finding it liable to the respondent Stephen Wilson Lawrimore, as trustee, for the value of a life insurance policy. We affirm.

The central issues involved in this appeal are (1) whether waiver of the initial premium due on the policy was properly pled and introduced into the trial of the action; and (2) whether the evidence supports the apparent finding that American waived its right.

As a general rule, waiver is a matter which must be specifically pled. Griffith v. Newell, 69 S. C. 300, 48 S. E. 259 (1904). See,…