Legal Opinion

Missouri State Life Insurance v. Hill

Supreme Court of Arkansas

Decided July 14, 1913PublishedCited by 7 opinions

Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action by Dna Frances Hill against the Missouri State Life Insurance Company to recover three thousand dollars upon a policy of life, insurance issued November 15, 1905, on the life of Charles Frederick Hill, the husband of the plaintiff. The plaintiff was designated as beneficiary in the policy.

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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action by Dna Frances Hill against the Missouri State Life Insurance Company to recover three thousand dollars upon a policy of life, insurance issued November 15, 1905, on the life of Charles Frederick Hill, the husband of the plaintiff. The plaintiff was designated as beneficiary in the policy. On August 28, 1911, Hill borrowed on his policy $354.00, its full loan value. On November 1, 1911, Hill wrote the company asking an extension of sixty days on his premium maturing November…

1Opinion of the Court

Hart, J.,

(after stating the facts). It is contended by counsel for the defendant insurance company that when Hill deposited the letter containing the check for his premium in the postoffice he thereby made the United States mail his agent for the delivery of the letter and check to the defendant, and the failure of his agent to deliver the check on or before the 15th day of January, 1912, by virtue of the terms of the policy and the premium note, worked a forfeiture of the policy. On the other hand, it is contended by the plaintiff that the United States mail had been employed by the insured…

2Cases cited1 opinion

  1. Franklin Life Insurance v. MorrellSupreme Court of Arkansas · 1907

3Cited by7 opinions

  1. Page v. Prudential Life Insurance Co. of AmericaWashington Supreme Court · 1942
  2. Ætna Life Ins. v. DoddCourt of Appeals for the Eighth Circuit · 1939
  3. McRae v. Mercury InsuranceNebraska Supreme Court · 1934
  4. American Republic Life Insurance Co. v. ClayboughSupreme Court of Arkansas · 1957
  5. Chatham v. Occidental Life InsuranceMississippi Supreme Court · 1963

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