Battin v. Northwestern Mut. Life Ins.

Citations

• 130 F. 874
• 65 C.C.A. 358
• 1904 U.S. App. LEXIS 4239

Syllabus

<p>1. Insurance — Action on Policy — Pleading.</p> <p>In an action on a life policy, an allegation that defendant has, in its dealings with assured, now deceased, treated the policy as in force, without stating the facts showing the nature of such dealings and treatment, was not sufficiently specific.</p> <p>2. Same — Conditions—Premium—Nonpayment—Waiver.</p> <p>Where a declaration on a policy of life insurance alleged that on August 20, 1901, when a certain premium of $146.80 became due and payable, insured paid on account thereof the sum of $38.75, which was accepted by defendant as a payment on account of said premium, and that a credit was given to assured for the unpaid balance, it sufficiently alleged a waiver of a provision of the policy that, if the premium shall not be paid at or before the time mentioned for payment thereof, the policy shall cease, etc.</p> <p>3. Same.</p> <p>Where in an action on a policy the declaration alleged that, on the maturity of a premium, insured paid and defendant accepted a certain amount as a credit thereon, and extended credit to insured for the unpaid balance, but did not allege that any premium whatever was actually paid on that day, a provision of the policy that no premiums after the first should be considered paid unless a receipt should be given therefor signed by the president or secretary of the company, and that the payment and receipt of any premium less than a full annual premium should not have the effect to continue the policy longer than three months in case of a quarterly payment, or six months in case of a semiannual payment, was not involved.</p>