Clifford v. Protective Life Ass'n

The insurer cancelled this policy of accident insurance upon the ground that the insured had failed to pay an. assessment levied January 2, 1901, and payable on or before February 1, 1901. Hpon the trial plaintiff claimed that said assessment had been promptly paid. Upon the whole evidence a question of fact upon this issue was fairly presented for the determination of the trial court, and with its decision upon that question we-will not interfere.

The recovery permitted in the court below was the membership-fee and premiums paid by the insured. There is authority in other jurisdictions for…