Metropolitan Life Insurance v. Felix

Citations

• 73 Ohio St. (N.S.) 46

Syllabus

<p>Consideration for premium, payment on life insurance — Insurer must incur liability not affected by contract infirmity, when— Action to recover premium paid insurer — Rights of parties— Interpretation of contract — Insurance law — Pleadings.</p> <p>1. To constitute a consideration for the payment of premiums on a policy of life insurance it is essential that the insurer incur a liability by a contract which is not affected by any infirmity which it may elect to interpose as a defense to an action on the policy if the life insured should end.</p> <p>2. In an action to recover premiums paid to an insurer which has not incurred’such risk, the rights of the parties at the beginning of the action should determine the judgment and the insurer cannot by the averments of its answer effectively waive such defense.</p>