Palmer v. Continental Insurance Co.

Citations

• 6 Cal. Unrep. 455
• 61 P. 784
• 1900 Cal. LEXIS 1085

Syllabus

<p>Insurance—Liability While Premium Note Unpaid.—Where an insurance policy provided that the insurer should not he liable while any note for premiums remained past due and unpaid, and the notes executed in payment of premiums contained a similar provision, and the property was destroyed while the first premium note was due and unpaid, the provision was valid, and the insured, by tendering the amount of the note, could not hold the insurer liable for the loss.</p> <p>Insurance—Acknowledgment' of Receipt of Premium.—Civil Code, section 2598, enacting that an acknowledgment in a policy of the receipt of a premium is conclusive evidence of its payment, so far as to make it binding, notwithstanding a stipulation that it shall not be binding until the premium is actually paid, applies only to a policy containing a stipulation that it shall not be binding until the premium is actually paid.</p>