Becker v. Exchange Mut. Fire Ins.

Citations

• 165 F. 816
• 1908 U.S. App. LEXIS 5423

Syllabus

<p>1. Insurance (§ 361*) — Premiums—Brokers—Nonpayment.</p> <p>Plaintiff applied tlirougli brokers, S. & Co., for certain insurance, which they procured in defendant company through G., another broker. Hainti.ff received the policy January 5, 1907, which provided that, if the premium -was not paid before the 15th day of the month succeeding that in which the policy was (lated, it should be void, without notice or other act oil the part of the company. Plaintiff made no payment until February 8th, when a check was sent to H. & Co., who in turn remitted to G.; but lie made no offer to pay the premiums to defendant until March 1st, when payment was refused because a loss had occurred on February 22d. Relé, that both brokers were plaintiff's agents, and, site being chargeable with their neglect, the policy was forfeited.</p> <p>[Kd. Note.--For other cases, see Insurance, Cent. Dig. § 923; Dec. Dig. § B(>1.*1</p> <p>2. Insurance (§ 392*) — Premiums—Nonpayment—Waiver.</p> <p>An insurance broker's contract with defendant, company required payment of premiums within 40 days succeeding the month in which policies were issued. Plaintiff having secured a policy through such broker, the premium was charged in the broker's December account. The policy provided for forfeiture unless the premium was paid by the 15th of the month succeeding the date of the policy. The premium not having been paid on February 38th. the insurance company's representative wrote the broker, claiming that payment should have been made by February 30th; but no payment was made until after plaintiff had suffered a loss on February 22d, when payment on that policy was tendered and refused. On March llfh the company wrote to the broker, inclosing a bill for December policies and demanding payment of premiums not later than March 15th; but then' was no evidence that the inclosed bill contained the policy in question. Held, that such correspondence did not constitute a waiver of the policy provision r w forfe