Union Life Insurance v. Parker
Nebraska Supreme Court
Error from the district court for Douglas county. Action upon life insurance policy. Tried on agreed statement of facts before Slabaugh, J. Judgment for plaintiff. Defedant brings error. A party relying for recovery on a waiver of a condition precedent in a life insurance policy, must plead and prove such waiver. Livesey v. Omaha, Hotel Co., 5 Nebr., 50; Quick v. Bachsse, 31 Nebr., 312; Phenios Ins.
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Error from the district court for Douglas county. Action upon life insurance policy. Tried on agreed statement of facts before Slabaugh, J. Judgment for plaintiff. Defedant brings error. A party relying for recovery on a waiver of a condition precedent in a life insurance policy, must plead and prove such waiver. Livesey v. Omaha, Hotel Co., 5 Nebr., 50; Quick v. Bachsse, 31 Nebr., 312; Phenios Ins. Co. Bachelder, 32 Nebr., 490; Anders v. Life Insurance Clearing Co., 62 Nebr., 585.
1Opinion of the Court
Hastings, C.
This is a suit on a policy of life insurance, heard by the district court upon an agreed statement of facts. From the judgment for plaintiff, the defendant company brings error, and relies upon turn grounds of defense: (1) That it does not appear from the evidence that the first premium was ever paid, and among the provisions of the policy is one that it shall not take effect until the first premium shall have been paid during the life and good health of the insured; (2) it is claimed, perhaps with a little inconsistency, that a note was given for a part of the first premium and…
2Cited by7 opinions
- National Mutual Fire Insurance v. SpragueSupreme Court of Colorado · 1907
- Kansas City Life Insurance v. WhiteArizona Supreme Court · 1928
- Blouch v. Clifford R. Zinn & Son, Inc.Supreme Court of Pennsylvania · 1986
- German American State Bank v. Mutual Benefit, Health & Accident Ass'nNebraska Supreme Court · 1921
- Hooker v. Continental InsuranceNebraska Supreme Court · 1903
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