Lightner v. Prudential Insurance Co. of America

Citations

• 97 Kan. 97
• 154 P. 227
• 1916 Kan. LEXIS 235

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Grace in Payment of Premiums — Sundays. Under the terms of a life insurance policy giving one month' — not less than 30 days — grace in the payment of premiums, when the last day of grace falls on Sunday the insured has the following day in which to make payment.</p> <p>2. Same — Nonpayment of Premiums — Forfeiture■—Waiver. Forfeiture, for nonpayment of a premium due on a life insurance policy which was issued by an agent at Grand Island, Neb., and which prohibits the waiver of any of its conditions except by certain named officers and provides that no agent has power to extend the time for paying a premium or to waive any forfeiture or to bind the company by making any representation, can not be waived by statements to the insured or to the beneficiary concerning the obligations of the company or the rights of the insured under the policy made by another agent at Abilene, Kan., who had nothing to do with issuing the policy or with receiving payment of the premiums thereon and to whom no premium was paid.</p> <p>3. Same. In this case the forfeiture of the life insurance policy was not waived by the company’s failure to take some affirmative action declaring such forfeiture.</p> <p>4. Same — Statute—Not Retroactive. Chapter 212 of the Laws of 1913 has no application to a life insurance policy issued in Nebraska in 1912.</p>