Bernhard v. Washington Life Insurance
Supreme Court of Iowa
Appeal from Dubuque District Court. ■ AotioN upon a policy of insurance on the life of A. P. Bernhard. There was a verdict and judgment for plaintiff; defendant appeals. The facts of the' case involved in the points of law ruled appear in the opinion.
1Opinion of the CourtBeck, J.
The petition alleges that the policy sued upon was issued “ for a valuable consideration paid ” by the insured. It also avers the death of the insured, and that due notice and proof thereof was given defendant, as required by the terms of the policy. A copy of the policy is made an exhibit, and it recites the'due payment of the premium by the assured.
The answer sets up that the policy was issued upon a written application of assured containing a stipulation that the instrument should not be binding upon defendant until payment of the premium, and that the insured failed to pay the premium,…
2Cases cited1 opinion
- Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
3Cited by5 opinions
- Anders v. Life Insurance ClearingNebraska Supreme Court · 1901
- National Mutual Fire Insurance v. SpragueSupreme Court of Colorado · 1907
- Brock v. Des Moines InsuranceSupreme Court of Iowa · 1895
- Eiseman v. Hawkeye InsuranceSupreme Court of Iowa · 1888
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924