Grevenig v. Washington Life Ins.

Citations

• 112 La. 879
• 36 So. 790
• 1903 La. LEXIS 477

Syllabus

<p>LIFE INSURANCE — POLICY — EVIDENCE — DEFAULT ON PREMIUMS — NOTICE—FORFEITURE — -PLACE OF CONTRACT.</p> <p>1. Where a policy of insurance appears as one large sheet of paper, embracing four pages, on one page of which is the main contract, on another are certain printed conditions and ■agreements, on another a copy of the application for the policy and certain acknowledgments and agreements of the applicant, and on the fourth the usual endorsement indicating that the folded paper contains a policy on the life of the assured (naming Mm), etc. — the main contract referring in terms to the conditions and agreements and to the application — the entire sheet of four pages and the contents of same will be considered the policy.</p> <p>2. And when the plaintiff offers the policy in evidence without reservation, producing the sheet and having the same marked “filed in evidence,” everything on the four pages will be considered embraced in the offering.</p> <p>3. The defense of forfeiture of the policy of life insurance sued on, because of non-payment of the four annual premiums preceding the death of the assured, is sustained under the facts and circumstances presented.</p> <p>On Rehearing.</p> <p>4. The statute of New York providing that no life insurance company doing business in that state shall declare forfeited or lapsed any policy for non-payment of premiums, except after the special notices provided therein, is not applicable to business transacted in another state.</p> <p>5. Where a citizen of the state of Louisiana made application through a local agent for a policy of life insurance to be issued by a New York Company, the application stating that the policy should not be binding until the premium should be paid to the company or its duly authorized agent, and a policy was executed in New York pursuant to the application, and forwarded to the local agent in New Orleans, who collected the premium, countersigned the receipt, and delivered the policy to the assured,