Mutual Reserve Life Ins. Co. v. Heidel

Citations

• 161 F. 535
• 88 C.C.A. 477
• 1908 U.S. App. LEXIS 4368

Syllabus

<p>1. Insurance — Premium—Delivery of Policy Acknowledgment of Payment of Fibst Premium.</p> <p>The delivery of an insurance policy which recites that the company agrees to pay tlie indemnity in consideration of the first annual premium of 8145.45 to be actually paid in cash on or before its delivery, and that the contract shall not take effect until the delivery of the policy and the payment of the first premium, is an acknowledgment of the payment of the premium, and the delivered policy is competent evidence of that fact.</p> <p>2. Same — Acknowledgment Estops from Avoiding Contract for Nonpayment, but is Rebuttable Evidence or Payment on Other Issues.</p> <p>An acknowledgment of the payment of the first premium conclusively estops the company from avoiding the policy for the failure of the insured to pay the first premium when due. But it does not estop it from proving by written contract made before or at the time the policy was delivered that an extension of time for the payment of a part or of all of the first premium to specific dates was given and an agreement made that, if the deferred payments were not then made, the insurance should cease, and the policy be forfeited.</p> <p>S. Same — Extension of Time of Payment of First Premium Waives Forfeiture fob Nonpayment in Absence of Express Contract to Contrary.</p> <p>An extension of the time of payment of the first premium without a written agreement at or before the delivery of the policy, or a subsequent contract for a valuable consideration, that the insured shall make the deferred payments at specific times and that if he fails to do so the insurance shall cease, or the policy be forfeited, waives all forfeiture for nonpayment of every part of that premium.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 28, Insurance, § 914.]</p> <p>4. Appeal and Error — Review—Harmless Error — Trial—Rejection of Admissible Evidence Fatal, Though Rf.oord Shows it Futile if Received.</p> <p>The fact that it ap