Lally v. Prudential Insurance Co. of America
Supreme Court of New Hampshire
Assumpsit, upon a policy of life insurance. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1908, of the superior court by Chamberlin, J. The policy contained a provision that failure to pay the weekly premiums when due should work a forfeiture.
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Assumpsit, upon a policy of life insurance. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1908, of the superior court by Chamberlin, J. The policy contained a provision that failure to pay the weekly premiums when due should work a forfeiture. The insured died March 2, 1907. The last payment entered on her book was made October 29, 1906, and paid the premiums to December 24, 1906. On seven occasions during the previous year the defendant had received without objection payments that were from four to ten weeks overdue. February 26, 1907, the plaintiff, at the…
1Opinion of the CourtPeasuee, J.
The evidence produced by the plaintiff was sufficient to authorize a finding that the defendant had led the insured to believe that payment of her weekly premiums at the time stipulated for in the policy would not be insisted on. It had in effect said to her: “You need not pay on the day named. The payments will be received if made when ten weeks overdue.” Having made this representation, it could not complain of her acting upon it, unless it had retracted the statement and given her reasonable opportunity to act before the retraction was to be effective. Appleton v. Insurance Co., 59 N. H.…
2Cases cited4 opinions
- Appleton v. Phenix Mutual Life InsuranceSupreme Court of New Hampshire · 1880
- State Ex Rel. Borthwick v. HarringtonSupreme Court of New Hampshire · 1898
- Dunn v. National Life InsuranceSupreme Court of New Hampshire · 1897
- Salvail v. Catholic Order of ForestersSupreme Court of New Hampshire · 1900
3Cited by7 opinions
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Andrew v. GoodaleSupreme Court of New Hampshire · 1932
- Labranche v. St. Jean Baptiste SocietySupreme Court of New Hampshire · 1911
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