Legal Opinion

Manhattan Life Ins. v. Patterson

Court of Appeals of Kentucky

Decided January 17, 1901PublishedCited by 15 opinions

Case 91 — Action to Recover a Paid-ui? Policy of Insurance APPEAL FROM HARLAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. On November 7, 1887, appellee received from appellant a life policy for $5,000 on the twenty payment life plan. He paid five consecutive annual payments of premiums.

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Case 91 — Action to Recover a Paid-ui? Policy of Insurance APPEAL FROM HARLAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. On November 7, 1887, appellee received from appellant a life policy for $5,000 on the twenty payment life plan. He paid five consecutive annual payments of premiums. The policy lapsed and became void, on the 7th of November, 1892, by reason of the non-payment of the premium due on that day, and under the terms of the policy the insured was given the right to surrender his policy to the company and to demand a non-participating paid-up policy, as above set…

1Opinion of the Court

*627Opinion of the court by

JUDGE DuRELLE

Affirming.

In November, '1897, the appellee obtained from appellant company a life policy for $5,000 on the twenty-payment life plan. He paid five consecutive annual premiums, and, nearly five years after making default in the payment of the sixth premium, applied to the company for a nonparticipating paid-up policy for such sum as the legal net reserve on the policy at the time of lapsing would purchase as a single premium at the company’s published rates. On the pleadings, judgment was rendered against the company. On this appeal, the cases of Hexter v.…

2Cases cited8 opinions

  1. Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
  2. Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
  3. Johnson v. Southern Mutual Life InsuranceCourt of Appeals of Kentucky · 1881
  4. North-western Mut. Life Ins. v. Fort's Adm'rCourt of Appeals of Kentucky · 1884
  5. Southern Mutual Life Insurance v. MontagueCourt of Appeals of Kentucky · 1887

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3Cited by15 opinions

  1. Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
  2. New York Life Insurance v. N. L. Curry & Bro.Court of Appeals of Kentucky · 1903
  3. Southern Life Insurance v. HazardCourt of Appeals of Kentucky · 1912
  4. Mutual Life Ins. v. TwymanCourt of Appeals of Kentucky · 1906
  5. Shawnee Mut. Fire Ins. Co. v. CannedySupreme Court of Oklahoma · 1912

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