Hartford Life Annuity Insurance v. Unsell

Citations

• 144 U.S. 439
• 12 S. Ct. 671
• 36 L. Ed. 496
• 1892 U.S. LEXIS 2088

Syllabus

<p>In an action to recover on a policy of life insurance, error in admitting evidence as to the mental and physical condition of the assured in his last days, when an overdue premium was paid and received, is held to be cured by the charge of the court that .the only question was whether there had been a waiver by the insurer, and that it was immaterial whether the assured was or was not Til at that time.</p> <p>As an action could not have been maintained against the insurer without offer to pay overdue premiums, evidence of such offer was properly admitted.</p> <p>When the charge contains all that need be' submitted to the jury on the. issues, it is no error to refuse further requests to charge.</p> <p>A life insurance company whose policy provides for the payment of premiums at stated times and further that the holder “ agrees and • accepts the same upon the express condition that if either the monthly dues,” etc., “ are not paid to said company on the day due, then this certificate shall be null and void and of no effect, and no person shall be entitled to damages or the recovery of any moneys paid for protection while the certificate was in force ” may nevertheless by its whole course of dealing with the assured, and by accepting payments of overdue sums without inquiries as to his health, give him a right to believe that the question of his health would not be considered, and that the company would be willing to take his money shortly after it had become due without inquiry as to his health, and such a course of dealing may amount to a waiver of the conditions of forfeiture. .</p> <p>Courts do not favor forfeitures; but will nevertheless enforce them when the party by whose default they are incurred cannot show good grouncT in the conduct of the other party on which to base a reasonable excuse for the default.</p> <p>If, in a case where the evidence warranted a request for a peremptory instruction.to find for the defendant, no request for such instruction was m