Walker v. Federal Kemper Life Assurance Co.

OPINION

GERALD T. BISSETT, Assigned Justice. 1

This is an appeal by Mary Walker (hereafter “Mary”) from a take nothing judgment, following a jury trial, rendered in favor of Federal Kemper Life Assurance Company (hereafter “Kemper”) which denied her claim to death benefits under a $100,000 life insurance policy issued to her late husband Jimmy Walker (hereafter “the insured”), who died on January 13, 1987. The principal issue is whether the policy has lapsed for failure to pay the monthly premium on December 1,1986, when it was due. We hold that the policy had lapsed and, therefore, affirm the…