Legal Opinion

Allen v. National Accident & Health Insurance

Supreme Court of North Carolina

Decided February 1, 1939PublishedCited by 14 opinions

1Opinion of the CourtStacy, C. J.

Conceding without deciding that the policy was in force during the grace period of seven days from 1 September to 7 September, the failure to pay the monthly premium before the expiration of this period caused the policy to lapse, according to its terms, and to become void as of the due date. The acceptance of premiums thereafter, if any were accepted, had the effect of reinstating the policy prospectively, but not retroactively. Such is the language of the policy. Sanderlin v. Ins. Co., 214 N. C., 362; Gilmore v. Ins. Co., 214 N. C., 674; Hayworth v. Ins. Co., 190 N. C., 757, 130 S. E., 612.

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2Cases cited14 opinions

  1. Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
  2. Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
  3. Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
  4. Rocky Mount Savings & Trust Co. v. Ætna Life InsuranceSupreme Court of North Carolina · 1930
  5. Clifton v. Mutual Life InsuranceSupreme Court of North Carolina · 1915

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

3Cited by14 opinions

  1. Klein v. Avemco InsuranceSupreme Court of North Carolina · 1975
  2. Cullen v. Valley Forge Life InsuranceCourt of Appeals of North Carolina · 2003
  3. Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
  4. Nationwide Mutual Insurance Company v. SmithWest Virginia Supreme Court · 1970
  5. Rivers v. State Capital Life Insurance CompanySupreme Court of North Carolina · 1957

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

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