Penn's Mutual Life Ins. v. Barnett's Adm'r.
Court of Appeals of Kentucky
CASE 34. — ACTION BY J. T. BARNETT’S ADM’R AGAINST THE PENN MUTUAL LIFE INSURANCE COMPANY. Original opinion filed November 2, 1906; second opinion, Appeal from Jefferson Circuit Court, Chancery Branch (Second Division). Samuel B- Kirby, Judge. Judgment for plaintiff. Defendant appeals. ON REHEARING. 1. Insurance — Paid-up Policy — Surrender Charge — Carroll’s Ky.
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CASE 34. — ACTION BY J. T. BARNETT’S ADM’R AGAINST THE PENN MUTUAL LIFE INSURANCE COMPANY. Original opinion filed November 2, 1906; second opinion, Appeal from Jefferson Circuit Court, Chancery Branch (Second Division). Samuel B- Kirby, Judge. Judgment for plaintiff. Defendant appeals. ON REHEARING. 1. Insurance — Paid-up Policy — Surrender Charge — Carroll’s Ky. Stats., 1903, section 659, provides, in relation to life insurance, that in case of default of any premium on a life policy, after three years’ premiums have been paid, the policy shall be binding on the company for the amount of…
1Opinion of the Court
Opinion op the Court by
Judge Nunn
Affirming.
On- the 6th day of April, 1885, the appellant issued a’ policy of insurance for the sum of $5,000 upon the life of Jonathan T. Barnett; the annual premium due thereon being $189.60. The assured paid the presen*271rums regularly to the number of 12, but failed to pay the thirteenth, when, according’ to its terms, the policy lapsed. The policy in question contains, among others, the following provisions: “(11) That if this policy shall become void, all payments previously made upon it shall be forfeited to the company, but if the lapse shall occur by…
2Cited by6 opinions
- Emig's Admr. v. Mutual Benefit Life Ins.Court of Appeals of Kentucky · 1907
- Prudential Insurance Co. of America v. RaganCourt of Appeals of Kentucky · 1919
- Security Life Insurance Co. of America v. WatkinsCourt of Appeals of Kentucky · 1920
- Peak v. Mutual Benefit Life InsuranceCourt of Appeals of Kentucky · 1916
- Pendleton v. Pan American Life Ins.Court of Appeals for the Sixth Circuit · 1932
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