Lincoln National Life Insurance v. Sobel

Dissenting Opinion on Petition for Rehearing.

Stevenson, J.

After careful consideration of the questions discussed in support of the petition for rehear ing, it is my opinion that the petition for rehearing should be granted.

It is my opinion that the policies of insurance involved in this litigation did not lapse on August 7, 1933. It is true that the premiums due March 19, 1933, were not paid. The policies, however, contained an automatic premium loan provision which reads as follows:

“This Policy shall not lapse or become forfeited by reason of the non-payment of the premium within the month…