Marks v. Fidelity Mut. Life Ins.

Citations

• 69 Pa. Super. 43
• 1918 Pa. Super. LEXIS 321

Syllabus

<p>Insurance — Life insurance — Premium—Sunday.</p> <p>Where by the terms of a life insurance policy, which became effective on February 13, 1900, an annual premium is payable on the delivery thereof, and thereafter upon February 13th “in every year during the continuance of the contract,” and the insured dies on Sunday morning, February 13, 1916, about six o’clock in the morning, an annual premium becomes due on that day, and such premium may be retained by the insurance company out of principal due on the policy.</p> <p>In such a case the policy did not expire at the end of the year; and especially is this so where it appears that the policy provided that if the premium was not paid, the policy should be “extended and remain in force thirty days from due date.”</p> <p>In an action against the company to recover back the premium retained, the company cannot set up any question as to forfeiture, where it had practically conceded that the contract was in force at the moment of the death of the insured, subject only to its right to receive one additional premium claimed to have been earned and due on the first moment of the day of February 13, 1916.</p>