Lovick v. Providence Life Ass'n
Supreme Court of North Carolina
Civil actioN, tried at February Term, 1891, of Craven Superior Court, Connor, J., presiding. The defendant corporation executed to the plaintiff its policy of insurance, whereby it insured the life of the plaintiff’s father for the sum of $1,000, in consideration of certain premiums specified to be paid semi-annually by the plaintiff, and also certain assessments when made from time to time.
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Civil actioN, tried at February Term, 1891, of Craven Superior Court, Connor, J., presiding. The defendant corporation executed to the plaintiff its policy of insurance, whereby it insured the life of the plaintiff’s father for the sum of $1,000, in consideration of certain premiums specified to be paid semi-annually by the plaintiff, and also certain assessments when made from time to time. This policy contained, among others, these provisions: “ The contract between the parties hereto is completely set forth in this policy, the application therefor and the by-laws of the Association taken…
1Opinion of the CourtMerrimon, C. J.
after stating the case: When on the trial the plaintiff closed his introduction of evidence, the defendant demurred ore tenus thereto, and insisted that accepting and treating it as a true embodiment of the material facts of the case, the plaintiff could not recover, because he failed to pay a premium as required by the terms of the policy of insurance in question, and by such failure this policy became absolutely forfeited and inoperative; and likewise all premiums and assessments paid by the plaintiff on account of the policy were forfeited to the defendant, and the latter was not bound to…
2Cases cited1 opinion
- Braswell v. American Life InsuranceSupreme Court of North Carolina · 1876
3Cited by29 opinions
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Strauss v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1900
- Caldwell v. Insurance Co.Supreme Court of North Carolina · 1905
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
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