Callaway v. Southern Life & Health Insurance Co.

GARRETT, Judge.

On March 1, 1984, appellee issued a joint whole life policy to appellant and her husband. She was twenty-five, he was thirty.

For the first two years, the appellee automatically deducted premiums from the insureds’ joint checking account without incident. In May of 1986, a payment was returned for insufficient funds. On June 5, 1986, five days after expiration of the policy’s thirty-one day grace period, the appel-lee wrote the husband informing him of the nonpayment and advising immediate payment was necessary to prevent interruption of the insurance coverage. The letter…