Legal Opinion
Penwell v. Western & Southern Life Ins. Co.
Indiana Court of Appeals
Decided February 27, 1985No. 4-1084A284PublishedCited by 31 opinions
1Opinion of the Court
CONOVER, Judge.
Plaintiff-Appellant William L. Penwell (Penwell) appeals the entry of summary judgment by the Porter Superior Court in favor of Western and Southern Life Insurance Company (Western and Southern).
Affirmed.
ISSUES
Restated, this appeal presents the following issues: .
Whether an insured's failure to perform his affirmative duty to file a claim therefor under the terms of an insurance policy providing for waiver of premiums in case of insured's total disability and pay the premiums due until such claim is approved by the company is excused because(a) the employee-agent of the company…
2Cases cited17 opinions
- Havert v. CaldwellIndiana Supreme Court · 1983
- Perry v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1982
- Moll v. South Central Solar Systems, Inc.Indiana Court of Appeals · 1981
- Thornton Ex Rel. Thornton v. PenderIndiana Supreme Court · 1978
- Kahf v. Charleston South ApartmentsIndiana Court of Appeals · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Medtech Corp. v. Indiana Insurance Co.Indiana Court of Appeals · 1990
- Greives v. GreenwoodIndiana Court of Appeals · 1990
- Walters v. RinkerIndiana Court of Appeals · 1988
- ITT Commercial Finance Corp. v. Union Bank & Trust Co.Indiana Court of Appeals · 1988
- Bailey v. MartzIndiana Court of Appeals · 1986
26 more not listed; retrieve them via the Exa API.