Fenn v. Northwestern National Life Insurance

Citations

• 90 Kan. 34
• 133 P. 159
• 1913 Kan. LEXIS 154

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Life Insurance — Premiums Not Paid on Specified Date — Acceptance for Years — Waiver of Forfeiture of Policy. A life insurance policy provided for the .payment of premiums on the first day of each month, and forfeiture for nonpayment. It also provided for reinstatement during the life of the insured at any .time within twelve months of the date of lapse by the -payment of past due premiums and a fine of ten per cent per annum on such overdue premiums. Premiums were paid on the policy for over six years on or about the 20th' day of each month. The premiums so paid were accepted without objection or comment by the company, and its receipts were given therefor. The last payment was in November, 1909, and the insured died on the' 6th day of December following. The receipts contained no allusion to reinstatement and were in ordinary form. No fines were requested or paid, and no notice or intimation was given that the payments were not accepted as payments of monthly premiums as they purported to be. It is held that the facts were sufficient to support a finding that the company had waived payment of premiums on the appointed day.</p>