Legal Opinion

Fugina v. Northwestern National Life Insurance

Wisconsin Supreme Court

Decided January 13, 1914PublishedCited by 2 opinions

Appeal from' a judgment of the circuit, court for Trem-pealeau county: E. 0. Higbee, Circuit.Judge. This action was brought to recover under a life insurance policy issued by the defendant.’ The contract of insurance sued upon was made by the husband of respondent, and appellant, May 27, 1901. The respondent, as wife of the insured, was named ~as beneficiary in the policy. The policy was issued subject to certain conditions, among which were: “I. Payment of premiums.

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Appeal from' a judgment of the circuit, court for Trem-pealeau county: E. 0. Higbee, Circuit.Judge. This action was brought to recover under a life insurance policy issued by the defendant.’ The contract of insurance sued upon was made by the husband of respondent, and appellant, May 27, 1901. The respondent, as wife of the insured, was named ~as beneficiary in the policy. The policy was issued subject to certain conditions, among which were: “I. Payment of premiums. All premiums are due and payable at the home office of the company, but may be paid to agents producing receipts signed by the…

1Opinion of the CourtKebwiN, J.

The assignments of errors raise the question whether a verdict should have been directed for defendant. It appears that the premium due February 1, 1906, was never paid, and that the insured died March 5, 1906, and notice of his death received by the defendant March 21, 1906.

The contention of the appellant is that' the policy lapsed because of failure to pay the premium" which fell due February 1, 1906, and that insured was never reinstated. Many cases from other jurisdictions are cited by appellant on this point, and there would be great force in the argument if the alleged lapse or…

2Cases cited9 opinions

  1. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  2. Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
  3. Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
  4. Morgan v. Northwestern National Life InsuranceWashington Supreme Court · 1906
  5. Knoebel v. North American Accident InsuranceWisconsin Supreme Court · 1908

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Peterson v. Truck Insurance ExchangeWisconsin Supreme Court · 1974
  2. Thorson v. Wisconsin Life InsuranceWisconsin Supreme Court · 1938

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