Mutual Life Ins. v. Shoemake

Citations

• 126 Miss. 497
• 89 So. 154

Syllabus

<p>1. Insurance. When contract of insurance consummated, stated.</p> <p>In the absence of an agreement to the contrary, the acceptance of an application for insurance, when communicated to the insured, consummates the -contract, without an actual delivery of the policy; but, if tbe application expressly provides that the policy shall not become effective unless and until delivered and received by tbe insured while in good health, the contract will not be consummated until the policy is so delivered and received.</p> <p>2. Insurance. Delivery of policy to agent for delivery to insured not a delivery, where agent refuses to deliver to insured while side.</p> <p>Where the application for insurance provides that the policy shall not become effective unless and until delivered to and received by the insured while in good health, the policy, although executed by the insurer and delivered to its agent, for delivery to the insured, does not become effective, if the agent declined to deliver it when called for, and the insured is then sick at a hospital, under the treatment of a physician, and the insurer’s general instructions to its agent were not to deliver' policies unless the applicant is in good health, and in case of change in the applicant’s health to return the policy to the insurer, with a statement of facts, for instructions as to whether delivery should be made, and, if so, upon what conditions.</p> <p>Anderson, J., dissenting.</p>