Ray v. Security Trust & Life Insurance
Supreme Court of North Carolina
Civil AotioN for breach of contract of insurance and failing to deliver policy upon the life of plaintiff’s intestate, tried before Uolce, J., at October Terra, 1899, of VaNCE Superior Court. The application contained this proviso': “That no insurance shall be in force until the delivery of the policy to, and the payment of the first premium by the party whose life is insured while in good health.”
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Civil AotioN for breach of contract of insurance and failing to deliver policy upon the life of plaintiff’s intestate, tried before Uolce, J., at October Terra, 1899, of VaNCE Superior Court. The application contained this proviso': “That no insurance shall be in force until the delivery of the policy to, and the payment of the first premium by the party whose life is insured while in good health.” The 'amount of insurance applied for was $1,000 — the annual premium.' was $33.80— the sum paid the local agent was $23.40, he and the applicant supposing that was the proper amount. The policy was…
1Opinion of the CourtFaircloth, C. J.
On November 18, 1898, the plaintiff’s intestate made application to the defendant company for a life insurance policy, with the usual questions, answers, conditions, medical examination and certificate, etc. On January 3, 1899, the president of the company addressed the applicant as follows: “I have the pleasure of informing that your application to this company for insurance has been approved, and that a policy is being issued to-day, which wiil roach you in due time through the agent who forwarded the application.”
It appeared that the defendant had a general agent at Richmond, Va.,…
2Cited by15 opinions
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