National Mutual Insurance ex rel. O'Brien v. Home Benefit Society

Citations

• 181 Pa. 443
• 37 A. 519
• 1897 Pa. LEXIS 564

Syllabus

<p>Insurance — Life insurance — Forfeiture—Failure to pay premiums.</p> <p>Where an insurance company had declared a policy forfeited and refused to accept a premium, the fact that the insured subsequently failed to pay premiums as they fell due will not affect the right to recover on the policy if the forfeiture was invalid.</p> <p>Insurance — Life insurance — Reinsurance.</p> <p>O. was insured in a mutual insurance company of the state of New York which had a contract with the H. insurance company by which'it was agreed that the former company should transfer to the H. company its membership and the latter company should reinsure said members on the basis of their original applications to the former company, on the execution of satisfactory transfer applications. O. filled out a transfer application in which he stated that he had recently recovered from an attack of pneumonia, but that his health was then fair, which he sent to the company, with a check for the quarterly premium. The H. company returned the check and demanded that he should be examined by their medical examiner. O. made no other quarterly payments, and subsequently died. Held, that the H. company was bound to pay the amount of the policy.</p>