Columbian National Life Insurance v. Mulkey
Court of Appeals of Georgia
Action on life-insurance policy; from city court of Atlanta— Judge Reid. May 31, 1913. The policy was issued March 4, 1911. It states that in consideration of the attached application of the insured, and of the payment of the annual premium of $137.35 on the 4th day of March in every year during the continuance of the policy, the insurance company agrees to pay the amount of the policy on receipt of due proof of the death of the insured.
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Action on life-insurance policy; from city court of Atlanta— Judge Reid. May 31, 1913. The policy was issued March 4, 1911. It states that in consideration of the attached application of the insured, and of the payment of the annual premium of $137.35 on the 4th day of March in every year during the continuance of the policy, the insurance company agrees to pay the amount of the policy on receipt of due proof of the death of the insured. It contains the following provision: “All premiums are payable in advance at the home office in Boston, but may be paid to an agent of the company in…
1Opinion of the CourtHill, C. J.
“The failure to pay a promissory note, taken in payment of an insurance policy (although it is stipulated in the note that the nonpayment of the same at maturity will avoid the policy), will not forfeit the policy, where there is no condition in the policy itself providing for its forfeiture for the non-payment of notes.” “When'the condition as to forfeiture for non-payment on maturity of a note given for the premium is contained only in the note, the mere fact that the note is not paid at maturity does not of itself avoid the policy. Such a provision is a condition subsequent, of which the…
2Cases cited2 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Stephenson v. Empire Life InsuranceSupreme Court of Georgia · 1912
3Cited by8 opinions
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- Bankers Reserve Life Co. v. RiceSupreme Court of Oklahoma · 1924
- Ritter v. American Life InsuranceSouth Dakota Supreme Court · 1925
- Reliance Life Ins. Co. of Pittsburgh v. LowrySupreme Court of Alabama · 1934
- Sims v. Jefferson Standard Life InsuranceCourt of Appeals of Georgia · 1916
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