Anderson v. New York Life Ins. Co.

Roberds, J.,

delivered a dissenting opinion.

Under New York Life Insurance Company v. Blaylock, 144 Miss. 541, 110 So. 432, approved in New York Life Insurance Company v. Boling, 177 Miss. 172, 169 So. 882, 111 A. L. R. 967, the company had no right to deduct the surrender charge in this case, for the simple reason that there was no surrender, or offer of surrender, of the policy, and there is no provision therein automatically surrendering it under the facts of this case. This action is on the policy as extended insurance.

This language of the court in the Blaylock case is applicable to the…