Nixon v. Travellers' Insurance

Citations

• 25 Wash. 254
• 65 P. 195
• 1901 Wash. LEXIS 384

Syllabus

<p>INSURANCE-CONDITIONS OF POLICY “ — ’ PAYMENT OF PREMIUMS-WAIVER BY AGENT.</p> <p>A policy of insurance upon the life of plaintiff’s husband was issued by defendant; the premiums thereon were payable to the general agents of the defendant located in the city of the insured’s residence, upon receipts countersigned by them, which had printed thereon in bold-faced type the words, “The agent has no authority to waive or postpone payments of premiums, or to countersign any receipt, unless the premium is actually paid in cash.” Upon several occasions the agents, without knowledge of their principal, had accepted the insured’s checks and deferred presenting them for a short period, at his request, but upon one occasion, when the premium was not paid when due, they had required him to make application directly to the company for reinstatement. Held, that the agreement of the agents to extend the time of payment of a premium due was not binding upon the defendant.</p> <p>SAME-FORFEITURE.</p> <p>The fact that a policy of insurance contained no provision for forfeiture for non-payment of any installment of premium, but only such a provision for forfeiture upon non-payment of the full annual premium, was immaterial, where the policy gave the insured the option to pay premiums either annually or in quarterly installments, and the insured chose the latter method, thus making it a part of his contract.</p>