Hopkins v. Northwestern National Life Insurance

Citations

• 41 Wash. 592
• 83 P. 1019
• 1906 Wash. LEXIS 1015

Syllabus

<p>Insurance — Endowment Provision — Waiver—Payment of Premiums After Maturity — Fraud—Evidence—Sufficiency. There is no waiver of a clause in an insurance policy allowing the insured to receive an endowment of $1,000 after the lapse of ten years, nor any estoppel on the part of the insured to claim the benefit of such clause, in lieu of continuing the policy for life hy payments, where it appears that the insured were old people, inexperienced in business, and upon demanding the endowment they were put off from time to time on the ground that assessments provided for in the policy for such payment must he made, and where, relying upon fraudulent representations that payments must he continued hy them to keep the policy in force, they made such payments; since waiver requires full knowledge of one’s rights, and the intent must he unequivocal and clearly proven.</p> <p>Same-^Recovery of Premiums Erroneously Paid. Payment of premiums on an insurance policy, induced hy fraudulent representations hy the company, while the insured were making demand for the right to an endowment, will not amount to a waiver of such right; and the payments may he recovered, even if negligently made.</p> <p>Same — Fraud—Estoppel to Assert Waiver. An insurance company that fraudulently induces payment of premiums ordinarily amounting to a waiver of a clause for the payment of an endowment, is estopped to assert such waiver or to claim that the insured had elected not to take advantage of the endowment clause.</p>