Kentucky Life & Accident Insurance v. Kaufman
Court of Appeals of Kentucky
Case 2 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The thirty days of grace allowed the assured to pay his assessment were for his convenience only, and he must have known, and understood that his policy would determine, unless he paid premiums as stipulated.
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Case 2 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The thirty days of grace allowed the assured to pay his assessment were for his convenience only, and he must have known, and understood that his policy would determine, unless he paid premiums as stipulated. Want v. Blunt, 12 Bast, 163; Tarleton, etc., v. Standiforth, etc., 5 Term Reports, 695; Niblack, p. 63; May on Insurance, sees. 353, 354, 365; Mutual Benefit Co. v. Ruse, 8 Ga., 534; Bliss on Life Insurance, sec. 196. 2. The assured by failing to pay the ’ balance within, the limited period, that is…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
A policy of insurance was issued on the life of Sebastian Kaufman for the benefit of his daughter, Mary Kaufman, for a sum not to exceed $1,000. The company seeks to defeat a recovery upon the ground that the policy was determined and not in force at the death of Kaufman. The policy was issued upon the condition and consideration of the payment of assessments and other sums in accordance with the by-laws and terms of the policy during its continuance. The following language appears in the policy:
"Upon the death * * * of the member aforesaid,…
2Cases cited4 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Yoe v. Benjamin C. Howard Masonic Mutual Benevolent Ass'nCourt of Appeals of Maryland · 1885
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
3Cited by5 opinions
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
- Provident Savings Life Assur. Soc. v. TaylorCourt of Appeals for the Third Circuit · 1906
- Goldberg v. The Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
- Louisville & Nashville Railroad v. City of BarbourvilleCourt of Appeals of Kentucky · 1898
- Wilson v. National Life & Accident InsuranceNebraska Supreme Court · 1933