Gulf Life Insurance Co. v. Frost

Jordan, Presiding Judge.

This is an action against an insurer by the beneficiary of a life insurance policy. The insured died on February 8, 1970, at which time the monthly premium due on January 5, 1970, with a 31-day grace period, had not been paid. The company returned a check which the beneficiary sent on March 14, 1970, in payment of this premium. The insurance company appeals from the denial of a summary judgment. Held:

The controlling issue in the trial court, and here on appeal, is whether the evidence negates as a genuine issue of *64material fact -a waiver of the express terms of the…