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· 11/17/1975

McMillon v. Old Republic Life Insurance Co.

Citations

  • 342 N.E.2d 246
  • 33 Ill. App. 3d 658
  • 1975 Ill. App. LEXIS 3216

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • special Illinois statute, but court held insurer did not “accept” payment where machine automatically deposited check but promptly issued refund
  • “[W]e hold that for there to be acceptance within the meaning of [section 357.5], there must be more than receipt and automatic negotiation by the insurer of a late premium payment.”
  • negotiation of check but money refunded with letter notifying that policy lapsed
  • in the absence of some retention of the payment by the insurer, or other action by it, which is inconsistent with its claim that it did not accept the late payment, mere receipt and automatic negotiation by the insurer of a late payment does not constitute a waiver

Source: CourtListener parenthetical corpus (CC0).

Judges: Karns

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.