· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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