Boggess v. Insurance Company of North America

Opinion op the Court by

Judge Willis

Affirming.

In an action upon a fire insurance policy, the trial court directed a verdict for the insurance company. The insured has prosecuted an appeal to determine the correctness of the decision. The ultimate question to he decided is whether the insurance company waived a provision of the policy suspending the insurance during the time any installment of a premium note was past due and unpaid. The waiver1 is asserted upon two grounds: (1) That the local agent informed the insured if payment of the portion of the premium due was made when the next…