Plumer v. Continental Casualty Co.
Court of Appeals of Georgia
Action on insurance policy; from city court of Atlanta—Judge Eeid. December 7, 1912. The action was upon a policy of accident insurance. The case was submitted to the judge of the city court without the intervention of a jury, on a stipulation as to the facts, substantially as follows: The policy was issued on a monthly plan, the premium of $2.50 being required to.be paid monthly in advance, in order to beep the policy in force.
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Action on insurance policy; from city court of Atlanta—Judge Eeid. December 7, 1912. The action was upon a policy of accident insurance. The case was submitted to the judge of the city court without the intervention of a jury, on a stipulation as to the facts, substantially as follows: The policy was issued on a monthly plan, the premium of $2.50 being required to.be paid monthly in advance, in order to beep the policy in force. The first premium was paid about June 1, which kept the policy in force for one month and up to July 1. This was the only payment that the plaintiff ever made on the…
1Opinion of the Court
Hill, C J.
(After stating the foregoing facts.) The provision for the punctual payment of the premiums when due is of the essence and substance of insurance, and a failure to comply therewith in strict accordance with the requirement of the contract, in the absence of waiver, express or implied, inevitably results in a forfeiture of the policy. This is but a repetition of the universal rule that premiums must be paid as and when required by the policy, or the contract dies, with the consequent loss of protection. Illinois Ins. Co. v. McKay, 6 Ga. App. 285 (64 S. E. 1131). In the policy now…
2Cases cited4 opinions
- German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
- Illinois Life Insurance v. McKayCourt of Appeals of Georgia · 1909
- Berman v. Fraternities Health & Accident Ass'nSupreme Judicial Court of Maine · 1910
- Crosby v. Vermont Accident InsuranceSupreme Court of Vermont · 1911
3Cited by25 opinions
- Metropolitan Life Insurance v. SmithCourt of Appeals of Georgia · 1934
- National Life & Accident Insurance v. ParkerCourt of Appeals of Georgia · 1942
- Lankford v. State Life InsuranceCourt of Appeals of Georgia · 1938
- Vratsinas Construction Co. v. Triad Drywall, LLCCourt of Appeals of Georgia · 2013
- National Life & Accident Ins. Co. v. ReamsCourt of Appeals of Texas · 1917
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