Gardner v. Inter-Ocean Life & Casualty Co.

Citations

• 93 Kan. 810
• 145 P. 844
• 1915 Kan. LEXIS 28

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Accident Insurance — Default in Payment of Premium— Mistake in Wording of Receipt — No Waiver. The annual premium on an accident policy was paid to the local treasurer of the company authorized to collect and give receipts for premiums, who gave the insured a receipt for the amount, reciting that it was the premium “for the month” ending August 30, 1911. The payment in fact was for the year ending July 30, 1911, a mistake being made in writing August, instead of July. The accidental death of the insured occurred on August 16, 1911, within the time covered by the language of the receipt but beyond the time for which the payment had been made, and the insured was in fact in default at the date of his death, for which default the policy by its terms had lapsed. It is held that the delivery of the receipt containing the mistaken recital without evidence that the insured was in any manner misled does not estop the insurer from asserting the forfeiture provided for in the policy and should not be construed as a waiver, new agreement, or extension of time of payment.</p>