Moreland v. Union Central Life Insurance
Court of Appeals of Kentucky
Case 17 — ACTION OF COVENANT APPEAL PROM SCOTT CIRCUIT COURT. 1. The provision in the policy that non-payment of the premium note at maturity should void the policy could be waived by the company; and it was waived by its insisting on the payment of ^he note after the forfeiture accrued. McAllister, Admx., v. New England Mutual Life Ins. Co., 101 Mass., 558; s. e., 3 Am. Reps., 405; Farnum v. Phoenix Ins. Co., 83 Cal., 246; s. e., 17 Am.
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Case 17 — ACTION OF COVENANT APPEAL PROM SCOTT CIRCUIT COURT. 1. The provision in the policy that non-payment of the premium note at maturity should void the policy could be waived by the company; and it was waived by its insisting on the payment of ^he note after the forfeiture accrued. McAllister, Admx., v. New England Mutual Life Ins. Co., 101 Mass., 558; s. e., 3 Am. Reps., 405; Farnum v. Phoenix Ins. Co., 83 Cal., 246; s. e., 17 Am. St. Rep., 238; Union Central Life Ins. Co. v. Taggart, 55 Minn., 95; s. c., 43 Am. St. Rep., 474; 21 Am. St. Rep., 205; May on Insurance, sec. 4; Southern…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the oottet.
On the 26th of October, 1894, the appellee company issued and delivered to Louis II. Moreland a policy of insurance on his life; and at the same time, by its general agent, executed to the assured the following receipt: “Premium, $35.83. Union Central Life Insurance Co., Cincinnati, Ohio. ’ Received $35.83, being the first premium on policy No. 122,599, issued upon the life of Louis H. *131Moreland, continuing said policy in force to the 30th day of October, 1S95, at noon. This receipt is subject to the conditions of any and all the notes which…
2Cases cited1 opinion
- Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
3Cited by25 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Fidelity Mut. Life Ins. v. PriceCourt of Appeals of Kentucky · 1903
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- New York Life Insurance v. EvansCourt of Appeals of Kentucky · 1910
- New England Mut. Life Ins. v. SpringgateCourt of Appeals of Kentucky · 1908
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