Equitable Life Assurance Society of U. S. v. Golson
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Mary W. Golson against the Equitable Life Assurance Society of tbe United States to recover on a life policy. From a judgment for plaintiff, defendant appeals. Tbe suit was for the sum of $2,500, tbe face of tbe policy.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Mary W. Golson against the Equitable Life Assurance Society of tbe United States to recover on a life policy. From a judgment for plaintiff, defendant appeals. Tbe suit was for the sum of $2,500, tbe face of tbe policy. The pleas admitted an indebtedness of $909.60 as paid-up insurance under tbe terms of tbe policy, but sought to defeat a recovery upon pleas setting up tbe conditions of forfeiture,, which are fully set out in tbe opinion of tbe court. Tbe proof showed that tbe insured died on tbe 8th day of June,…
1Opinion of the CourtAnderson, J.
It has been almost universally held that the failure to pay the premium on an insurance policy does not, of itself, forfeit the contract, unless the policy so provides. — 25 Cyc. 824, and authorities cited in note 64. It is true the policy may contain a valid condition, within the limitation of the statute, that it may be terminated or forfeited upon a failure to’ pay any premium or installment at the time specified in the contract, which would be a condition subsequent, and the nonperformance of which would avoid the policy, unless waived by the insurer. Such a condition, however, being for…
2Cases cited2 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- McMaster v. New York Life Ins.U.S. Circuit Court for the District of Northern Iowa · 1898
3Cited by17 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1911
- North Carolina Mut. Life Ins. Co. v. TerrellSupreme Court of Alabama · 1933
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