National Life Accident Ins. Co. v. McGhee

On Rehearing.

THOMAS, Justice.

We have again examined the instruction of the court to the effect that by a failure of the insurer to act with due diligence and dispatch in that respect, “the policy may become revived impliedly as a matter of law.”

The contract provision was: “ * * * Policies having lapsed may be revived at the option of the Company upon written application of the Insured showing satisfactory evidence of insurability, and upon payment of all premiums in arrears; provided that the Company’s consent to such revival shall appear by endorsement in the space provided, and that there…