Lesseps v. Fidelity Mut. Life Ins. Co. of Philadelphia

Citations

• 120 La. 610
• 45 So. 522
• 1908 La. LEXIS 547

Syllabus

<p>1. INSURANCE — Policy—Default in Premiums — Statement.</p> <p>The policy contained the forfeiture clause of which the defendant availed itself, when the insured failed to pay in accordance with the conditions and terms of the policy.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2S, Insurance, §§ 891-900.]</p> <p>2. Same — Premium Note — Notice.</p> <p>The insured was notified and was called upon to pay the note representing the past-due annual premium. The uncontradicted testimony of the attorney representing the defendant was that time to pay the note representing the premium was given, and that after its maturity it was collected on the expressed understanding that it was paid in payment of a past due premium, and that he, the insured, had no claim on the policy.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 28, Insurance, §§ 932, 933.]</p> <p>3. Same.</p> <p>Written statement of the insured to the immediate members of his family proven.</p> <p>The testimony produced by plaintiff did not overcome the direct testimony produced by defendant. Payment of the note made by the late insured was demanded for asserted protection which the insured had received and in regard to which he consented. He (the insured) had a right to enter into this agreement, and so was bound by it and so is the beneficiary.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 28, Insurance, §§ 932, 933.]</p> <p>4. Same — Reinstatement oe Polict — Decisions Cited by Parties.</p> <p>The failure to pay the note for the third annual premium on a policy of insurance containing the forfeiture clause again expressed in a receipt, which was given by the defendant company to the insured, is fatal to a claim to recover on the policy.</p> <p>Failure to pay the needful premium to reinstate the policy and failure to furnish health certificate, as required by its terms and conditions, precluded the beneficiary from recovering. Fenn v. Union Central Life Ins. Co., 48 La.