Cohen v. Continental Fire Insurance

Citations

• 67 Tex. 325
• 3 S.W. 296
• 1887 Tex. LEXIS 877

Syllabus

<p>1. Insurance.—An insurance company may, through its authorized agent, contract by parol for the renewal of a policy of insurance, although if may be stipulated on the face of the policy itself that this shall nob be done.</p> <p>2. Same—Forfeiture.—Though a policy of insurance be forfeited by the failure to pay the premiums according to conditions, yet an agent duly authorized may waive the forfeiture, and thereby re-instate the obligation.</p> <p>3. Same—Waiver.—When a policy of insurance provides for a forfeiture upon failure to pay the premiums which are to fall due, but does not stipulate that upon such failure the over due premiums shall be considered as earned, a demand for, and payment of such premium, constitutes a waiver of the forfeiture. It is otherwise when the policy stipulates that upon default in any instalment the insurance shall cease and the instalment shall be considered as earned.</p> <p>4. Cases Reviewed—Insurance Company v. Norton, 96 M. S., 234, and Chicago Life Insurance Company v. Warner, 80 Illinois, 410, reviewed.</p> <p>5. Demand—Forfeiture.—A mere demand for the payment of an over due premium, without its payment, is not sufficient to reinstate a policy which is forfeited.</p>