Feld v. Continental Casualty Co.

HOUSER, J. —

This appeal has been taken by the defendant insurance company from a judgment in favor of plaintiff in an action for declaratory relief and reinstatement of a policy of insurance which was cancelled by the insurer for nonpayment of premium.

The question presented for determination is whether an insurer is estopped to declare a forfeiture where the premium has not been paid until after the grace period therefor has elapsed — the delay in payment having been due to the fact that no notice of the premium date was mailed to the insured, although the insurer had followed a custom of…