Legal Opinion

Carlson v. Scandia Life Insurance

Wisconsin Supreme Court

Decided December 2, 1919PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Bayfield county: G. N. Risjord, Circuit Judge. Action upon an insurance policy. The facts were stipulated. One Francis Carlson, deceased, took out a policy of insurance on his life for $1,000 in the defendant company March 6, 1918, payable to the plaintiffs, and paid the first annual premium thereon.

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Appeal from a judgment of the circuit court for Bayfield county: G. N. Risjord, Circuit Judge. Action upon an insurance policy. The facts were stipulated. One Francis Carlson, deceased, took out a policy of insurance on his life for $1,000 in the defendant company March 6, 1918, payable to the plaintiffs, and paid the first annual premium thereon. The policy was by its terms effective from December 1, 1917, and contained a provision to the effect that after the payment of the first annual premium a grace of thirty-one days would be allowed for the payment of any subsequent premium or…

1Opinion of the CourtWinslow, C. J.

The trial judge construed the clause of the policy allowing thirty-one days grace for the payment of all premiums after the payment of the first annual premium as applying to the provision requiring a written permit to be obtained and an extra premium to be paid in case of entry into military service. The insured having died within the thirty-one day period, the conclusion that the company was still liable on the policy naturally followed.

It might be somewhat doubtful whether this construction of the two provisions would be the most logical as an original proposition. However, the meaning of…

2Cited by4 opinions

  1. Home Mutual Insurance v. Insurance Co. of North AmericaWisconsin Supreme Court · 1963
  2. Meier v. New Jersey Life Ins. Co.New Jersey Superior Court Appellate Division · 1984
  3. Dawes v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of Minnesota · 1944
  4. Sovereign Camp, W. O. W. v. ToddCourt of Appeals of Texas · 1926

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