Clifton v. Mutual Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at August Term, 1914, of Du-plin. Civil action to recover on a policy of insurance issued on tbe life of the plaintiff’s intestate by the defendant.
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Appeal by plaintiff from Daniels, J., at August Term, 1914, of Du-plin. Civil action to recover on a policy of insurance issued on tbe life of the plaintiff’s intestate by the defendant. The following issues were submitted to the jury without objection: 1. Did defendant waive the forfeiture of the policy of insurance sued on? Answer: “No.” 2. If so, what amount is due the plaintiff on said policy ? Answer: The court charged the jury, if they found the facts to be as testified to by all the witnesses, to answer the first issue “No.” The plaintiffs appealed.
1Opinion of the CourtBrown, J.
It is elemental law that the payment of the premium is requisite to keep the policy of insurance in force. If the premium is not paid in the manner prescribed in the policy, the policy is forfeited. Partial payment, even when accepted as a partial payment, will not keep the policy alive even for such fractional part of the year as the part payment bears to the whole payment. 19 A. and E. Enc., 48. .
The insurer may waive such conditions, and the unqualified, unconditional receipt of a past-due premium is a waiver. Where the facts upon which a waiver is based are undisputed, a question of law…
2Cases cited5 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Melvin Ex Rel. Melvin v. Piedmont Mutual Life InsuranceSupreme Court of North Carolina · 1909
- Page v. Junior Order U. A. M.Supreme Court of North Carolina · 1910
- Wilkie v. National Council United American MechanicsSupreme Court of North Carolina · 1909
3Cited by18 opinions
- Klein v. Avemco InsuranceSupreme Court of North Carolina · 1975
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- Lane v. New York Life Ins. Co.Supreme Court of South Carolina · 1928
- Allen v. National Accident & Health InsuranceSupreme Court of North Carolina · 1939
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