Cure v. Midland Life Insurance

Citations

• 109 Kan. 259
• 198 P. 940
• 1921 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life iNSURANCE-^De/ímíí in Payment of First Premium — No Policy Delivered — Death of Assured — No Insurance in Force — No Waiver. In an insurance contract it was stipulated that the policy should not be in force until it was delivered and the first premium paid while the applicant was alive and in good health. After payment of part of the annual premium and before the delivery of the policy, the applicant died. After knowledge of his death his former employer under an arrangement for the payment of premiums due to the insurance company from the wages of insured employees, sent a check to the company which covered installments due from insured employees, and included a payment on the contract of the deceased applicant. As soon as the agent discovered that the check covered that payment the money was returned to the employer. Upon a claim that the conduct of the defendant was a waiver of the conditions precedent to a consummated contract, it is held that the evidence did not establish a waiver.</p> <p>2. Same — What Constitutes a Waiver of a Contract Right. To constitute a waiver of a contract right, there must he a clear, unequivocal and decisive act of the party showing an intention to relinquish the right, or acts amounting to an estoppel on his part.</p>