Carlock v. Phœnix Insurance

Citations

• 138 Ill. 210
• 28 N.E. 53

Syllabus

<p>1. Insurance—;forfeiture for non-payment—acceptance of premium* Where, by the terms of the contract of insurance against loss by fire, the failure to pay the premium note works a forfeiture of the policy, theacceptanee of the premium is an implied admission of liability upon the policy, and the insurer will not be allowed to accept payment of the premium and at the same time repudiate liability upon the policy.</p> <p>2. Same—revival of policy after forfeiture. But where the failure of the insured to pay his note given for the premium, at its maturity, is-not an absolute forfeiture of the rights of the insured under the policy, but a suspension, simply, of those rights until full payment, he may, after default, make payment in full, and thus revive his rights in all their original force.</p> <p>3. Same—partial payments after forfeiture. Where, by a policy of insurance, the insured has the right, after default in payment of his-premium note, to make partial payments, so that when it is fully paid his rights may revive, the acceptance of such partial payments will' waive nothing, and if a loss occurs before full payment the insured can not recover.</p>