Lechler v. Montana Life Insurance
North Dakota Supreme Court
The insured is as a matter of law presumed to know the terms and conditions set forth in his contract of insurance, and that the same are binding upon him.
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The insured is as a matter of law presumed to know the terms and conditions set forth in his contract of insurance, and that the same are binding upon him. Clevenger v. Mutual Life Insurance Co. 2 Dak. 114, 3 N. W. 313; 14 R. C. L. p. 986, § 159. “A stipulation in the policy that no agent has power to modify the terms of the contract or waive its conditions is notice to the insured of limited authority of the agent in these respects, and under such a stipulation, insured cannot reply on any actual conduct of the agent as constituting a modification or waiver.” 25 Cyc. 861, and cases cited in…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in favor of the plaintiff, which was entered on the verdict of a jury. The facts are as follows: -The plaintiff is the beneficiary of a life insurance policy issued by the defendant on the life of his uncle, Henry Boerger. The policy was issued on November 17, 1917, in the sum of $5,000. The premiums were payable on November 17th of each year, with the proviso that, after the policy had been in force a year, 31 days of grace would be allowed. The insured paid the first premium by giving a promissory note. When the second premium became due the insurance…
Also in this document: Concurrence.
2Cases cited9 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
- Mobile Life Insurance v. PruettSupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948
- United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
- James v. United StatesCourt of Appeals for the Fourth Circuit · 1950
- B.J. Kadrmas, Inc. v. Oxbow Energy, LLCNorth Dakota Supreme Court · 2007
15 more not listed; retrieve them via the Exa API.