Murphy v. Lafayette Mutual Life Insurance
Supreme Court of North Carolina
Appeal by defendant from Rountree, J., at March Term, 1914, of CUMBERLAND. Civil action. It was admitted at the trial that the policy declared on and presented by plaintiff had been duly executed by defendants and-that Peter J. Murphy, the insured named in the policy, was dead, having died on 19 February, 1913. Defendant contended that the policy was avoided for nonpayment of the first premium note and also because of fraudulent representations by the insured in his…
Read the full summary
Appeal by defendant from Rountree, J., at March Term, 1914, of CUMBERLAND. Civil action. It was admitted at the trial that the policy declared on and presented by plaintiff had been duly executed by defendants and-that Peter J. Murphy, the insured named in the policy, was dead, having died on 19 February, 1913. Defendant contended that the policy was avoided for nonpayment of the first premium note and also because of fraudulent representations by the insured in his application as to his physical condition. The jury rendered the-following verdict: 1. Was the premium given for the policy paid…
1Opinion of the CourtHoKe, J.
There is no specific exception to his Honor’s charge to the jury, and the evidence being ample to show good faith and to sustain plaintiff’s position on the second issue, the question recurs on the refusal of his Honor to nonsuit plaintiff by reason of the failure of the insured to pay the first premium note.
It is well established in this jurisdiction that,'in the absence of fraud and in so far as the contract of insurance is concerned, the delivery of an insurance policy absolute and unconditional is a waiver of the stipulation for a previous or cotemporaneous payment of the first premium.…
2Cases cited11 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
- Underwood v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1919
- Bankers Reserve Life Co. v. RiceSupreme Court of Oklahoma · 1924
15 more not listed; retrieve them via the Exa API.