Mills v. Home Benefit Life Ass'n

Citations

• 105 Cal. 232
• 38 P. 723
• 1894 Cal. LEXIS 1142

Syllabus

<p>Appeal—Law of Case.—Where the facts are the same upon a first and second appeal the law of the case is established by the decision of the court upon the first appeal.</p> <p>Life Insurance—Waiver of Forfeiture—Notice to Pay Assessment.— Where a person insured in a home benefit life association has made default in the payment of assessments a forfeiture on account of such default is waived by a letter written to the insured by the company, notifying him that an assessment would be due upon a day named in the future, and requesting a remittance of the assessment on or before the date specified.</p> <p>Id.—Health Certificate—Question of Fact—Circumstantial Evidence—Conflict.—The question whether a health certificate was sent with the notice of assessment, which the insured was unable to make, because he was not then in good health, is a question of fact, and a finding that such health certificate was not sent with the notice will not be disturbed upon appeal, where the evidence as to the fact is purely circumstantial on both sides, and there is circumstantial evidence in support of the finding.</p> <p>Id.—Finding of Waiver—Implied Finding—Intentional Failure to Send Health Certificate.—Where the court finds as an ultimate fact that the insurance company waived a forfeiture such finding implies a finding of an intentional failure by the company to send a health certificate, if necessary to support the waiver.</p>