Pacific Mut. Life Ins. Co. of California v. McDowell
Supreme Court of Oklahoma
Error from Superior Court, Oklahoma County; E. D. Oldfield, Judge. Action upon an accident insurance policy by Allen McDowell against the Pacific Mutual Life Insurance Company of California. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
HARRISON, C.
This was an action by Allen McDowell against the Pacific Mutual Life Insurance Company of California upon an accident policy dated August 14, 1909. The cause was tried in February, 1911, resulting in a verdict and •judgment in favor of McDowell for $600, and interest at 6 per cent, per annum from date of verdict. From such judgment, the insurance company appeals.
The decisive question is whether the acts of the company constituted a waiver of the provision that a failure to pay the monthly premium before noon on the 1st day of each month rendered- the policy void. The…
2Cases cited5 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- St. Paul Fire Marine Ins. Co. v. CooperSupreme Court of Oklahoma · 1909
3Cited by20 opinions
- Mutual Life Ins. Co. v. Chattanooga Savings BankSupreme Court of Oklahoma · 1915
- American Bankers' Ins. Co. v. ThomasSupreme Court of Oklahoma · 1915
- Knights of the MacCabees of the World v. JohnsonSupreme Court of Oklahoma · 1917
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
- Great Southern Life Ins. Co. v. BrooksSupreme Court of Oklahoma · 1933
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