Rockwell v. Mutual Life Insurance Co. of Wisconsin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulce-sha County. Action on a policy of insurance upon the life of John S. Rockwell, plaintiff’s husband, who died in February, 1863. Defense, non-payment of the annual premium due June 5, 1862, which, by the terms of the policy, worked a forfeiture.
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APPEAL from the Circuit Court for Waulce-sha County. Action on a policy of insurance upon the life of John S. Rockwell, plaintiff’s husband, who died in February, 1863. Defense, non-payment of the annual premium due June 5, 1862, which, by the terms of the policy, worked a forfeiture. Plaintiff claimed that the policy had been renewed, the premium having been paid to and accepted by the company at a subsequent date; while the company claimed that such acceptance, and its agreement to renew the policy, were conditioned upon its being furnished with a certificate of the good health of the…
1Opinion of the CourtDixon, C. J.
The evidence offered in defense should have been received, not as varying the contract of renewal shown by the letter of the secretary of the company which was before us on the former appeal (20 Wis., 335), since for that purpose it would be wholly inadmissible, but as explaining what that contract really was. That letter was ambiguous. It was doubtful how Mr. Rockwell ought to have understood it. Unaided by the light of surrounding circumstances, we could not say that he must have understood from the letter that the policy was not to be renewed unless he furnished the certificate of good…
2Cases cited3 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Prentiss v. BrewerWisconsin Supreme Court · 1864
- Rockwell v. Mutual Life Insurance Co. of WisconsinWisconsin Supreme Court · 1866
3Cited by5 opinions
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Vilas v. BundyWisconsin Supreme Court · 1900
- Lego v. MedleyWisconsin Supreme Court · 1891
- Bedard v. BonvilleWisconsin Supreme Court · 1883
- Stout v. WeaverWisconsin Supreme Court · 1888