London Guaranty & Accident Co. v. Western Smelting & Power Co.

Citations

• 117 Wash. 568
• 201 P. 914
• 1921 Wash. LEXIS 899

Syllabus

<p>Accobd and Satisfaction (3, 9) — Past Payment — Evidence—Intent of Pasties. Where the contract under which payment of premium upon an accident indemnity policy issued to an employer of labor was that an advance payment should be made upon the estimated pay roll, and the balance of the earned premium was to be paid when ascertained hy an audit after the close of the year, the delayed payment of the advance premium until after the cancellation of the policy, and its payment in full by two checks, the latter of which was enclosed in a letter with the statement “in full payment of our account,” though accepted by the insurer, did not constitute an accord and satisfaction of the amount of the earned premium, which under the contract of the parties was to be determined by an audit at the close of the year.</p> <p>Intebest (3) — Compensation fob Úse — Acceptance of Check. Where a check for an advance premium of insurance is accepted as in full payment, the recovery of interest for delay in payment of the account is foreclosed.</p> <p>Interest (20) — Rights and Liabilities — Settlement of Account. Where earned premium on an indemnity insurance policy is not payable until an audit of tbe amount due as determinable by the pay roll for the year, no interest is allowable on the amount due,' in the absence of proof as to when an audit was made.</p>