Aetna Life Insurance Company v. Eilers

WILSON, Justice.

Insurer complains of order overruling' its motion for summary judgment and sustaining that of the beneficiary, resulting in judgment for the sum alleged to be due on a life insurance policy, 12% damages- and attorney’s fees. The initial question is-whether the policy permitted insurer to include interest “accrued”, but not yet “due and payable”, in computing insured’s indebtedness secured by the policy so as to reduce the amount available for an automatic premium loan.

Insurer issued a $4000 policy of ordinary life insurance dated December 5, 1946. A premium of $27.72 was…