Rouleau v. Continental Life Ins. & Inv. Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Orphir Rouleau against the Continental Life Insurance and Investment Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Orphir Rouleau against the Continental Life Insurance and Investment Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. Where a life insurance company offers to extend the time for the payment of a premium on a life insurance policy or to reinstate the same after forfeiture upon conditions named by it, a waiver will not be construed as created unless the conditions of the offer are complied with. (Fidelity Mutual Ins. Go. v. Price, 77 S. W. (Ky.) 384; Nielsen v. Provident Sav. Life…
1Opinion of the Court
STRAÜP, J.
This action was brought to recover on a life insurance policy. The defendant, on the 2d of October, 1905, insured the life of one Oliver Jasmin for $5,000. The policy provided *237for cash loans to be made by the company, an allowance of thirty days’ grace for payment of premiums, and for reinstatement, the latter being:
“Reinstatement. Should this policy become void by reason of the non-payment of any premium, or of any indebtedness or interest thereon, it may, unless previously surrendered to the company, be reinstated at any time within -three years after such default, upon the…
2Cases cited7 opinions
- Campbell v. GowansUtah Supreme Court · 1909
- Murray v. Home Benefit Life Ass'nCalifornia Supreme Court · 1891
- City of Omaha v. YanceyNebraska Supreme Court · 1912
- Ætna Life Insurance v. SanfordIllinois Supreme Court · 1902
- Kelley, Maus & Co. v. Hart-Parr Co.Supreme Court of Iowa · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southland Life Ins. Co. v. HopkinsCourt of Appeals of Texas · 1920
- Larson v. Wycoff Co.Utah Supreme Court · 1981
- SUNSET LIFE INSURANCE CO. OF AMERICA v. CrosbyIdaho Supreme Court · 1963