Kavanaugh v. Security Trust & Life Insurance
Tennessee Supreme Court
PROM SHELBY. Appeal from the. Chancery Court of Shelby County.— F. H. Heiskell, Chancellor. Mb. Justice Neil made the following statement of facts: The defendant issued a policy July 9, 1897, on the life of J. M. Bowen in the sum of $5,000. This was assigned August 9,1897, to complainants, L. T. and W. K. Kavanaugh, to secure a debt due them from Bowen. There was an agreement which was known to the com-' pany that the complainants were to pay the premiums.
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PROM SHELBY. Appeal from the. Chancery Court of Shelby County.— F. H. Heiskell, Chancellor. Mb. Justice Neil made the following statement of facts: The defendant issued a policy July 9, 1897, on the life of J. M. Bowen in the sum of $5,000. This was assigned August 9,1897, to complainants, L. T. and W. K. Kavanaugh, to secure a debt due them from Bowen. There was an agreement which was known to the com-' pany that the complainants were to pay the premiums. The premium was $223, payable annually on July 15th, but an agreement was made with the company that the complainant should pay on that…
1Opinion of the CourtJustice Netl
1. In Insurance Co. v. Hyde, 101 Tenn., 396, 404, 405, 48 S. W., 968, the court quoted as laying down the proper rule the following from Joyce on Insurance, vol. 2, sec. 182, viz.:
“If a life insurance company has been in the practice of notifying the insured of the time when the premium will fall due, and of the amount, and the custom has been so uniform and so reasonably long in continuance as to induce the assured to believe that a clause for forfeiture for nonpayment will not be insisted on, hut that the notice will precede the insistence upon the forfeiture, and the insured is, in…
2Cases cited47 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896
42 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mills v. National Life InsuranceTennessee Supreme Court · 1916
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Andrews v. Minter Coal & Coke Co.Indiana Court of Appeals · 1929
- Fenton v. Federal Insurance AdministratorCourt of Appeals for the Fifth Circuit · 1981
- Mutual Life Ins. Co. of New York v. DavisCourt of Appeals of Texas · 1913
8 more not listed; retrieve them via the Exa API.