Carlock v. Phœnix Insurance
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit- Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This was assumpsit in the McLean 'circuit court upon a policy of insurance.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit- Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This was assumpsit in the McLean 'circuit court upon a policy of insurance. The policy contained the following condition : “In case the assured fails to pay the premium note or order at the time specified, then this policy shall cease to he in force, and remain null and void during the time said note or order remains unpaid after maturity, and no legal action on the part of this company to enforce payment shall he construed…
1Opinion of the CourtJustice Scholfield
We concur in the rulings of the Appellate Court. The case is quite different from one in which, by the terms of the contract, the failure to pay the premium works a forfeiture of the policy. In that case, since there can be no liability to pay premium where there is no liability upon the policy, the acceptance of premium is an implied admission of liability up.on the policy, and it would be a fraud upon the insured to accept .from him payment of premium and at the same time repudiate liability upon his policy. (Lycoming Ins. Co. v. Barringer, 73 Ill. 235, and cases cited.) But here the…
2Cases cited1 opinion
- Curtin v. Phenix InsuranceCalifornia Supreme Court · 1889
3Cited by8 opinions
- Adam v. Columbian National Life InsuranceAppellate Court of Illinois · 1920
- United States Indemnity Society v. GriggsAppellate Court of Illinois · 1905
- Germania Fire Insurance v. MullerAppellate Court of Illinois · 1903
- Lenz v. German Fire Ins.Appellate Court of Illinois · 1898
- German Insurance v. DennyAppellate Court of Illinois · 1897
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