Garlick v. Mississippi Valley Ins.
Supreme Court of Iowa
Appeal from Marshall Ci/rewt Cowrt. Action on policy of insurance. Article 14 of the policy is in the following words: “No insurance, whether original or continued, shall be considered as binding until actual payment of the premium, either in cash or by note, and where a note is received this company shall not be liable for any loss or damage under this policy, occurring at the time when such note or any part thereof, given for such premium in whole or in part, shall be past…
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Appeal from Marshall Ci/rewt Cowrt. Action on policy of insurance. Article 14 of the policy is in the following words: “No insurance, whether original or continued, shall be considered as binding until actual payment of the premium, either in cash or by note, and where a note is received this company shall not be liable for any loss or damage under this policy, occurring at the time when such note or any part thereof, given for such premium in whole or in part, shall be past due or unpaid.” A premium note was given, and at the time of the loss was past due and not wholly paid. By article 13…
1Opinion of the CourtAdams, J.
i. insurance; poiFcyn;S when Is unpaid!10 6 I. Article 13 of the policy gave the defendant a right to terminate the policy at any time, without cause, by simply giving the plaintiff notice of its election to do so, and by refunding a ratable portion of the premium. This the company never did, and-the policy was not terminated. It is claimed, therefore, by the plaintiff, that such being the fact he has a right to recover. But the question in this case is not as to whether the policy was terminated at the time of the loss, but whether it was suspended. The premium note being past due and partly…
2Cases cited4 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866
- Watrous v. Mississippi Valley Ins.Supreme Court of Iowa · 1872
- Nedrow v. Farmers' Ins.Supreme Court of Iowa · 1876
3Cited by11 opinions
- Home Protection v. AverySupreme Court of Alabama · 1888
- Cope v. Jefferson Standard Life Ins. Co.Supreme Court of South Carolina · 1926
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
- Early v. Bremer County Farmers Mutual Fire InsuranceSupreme Court of Iowa · 1926
- McCullough v. Home Insurance Co.Tennessee Supreme Court · 1906
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