Pride v. Continental Casualty Co.

Citations

• 69 Wash. 428
• 125 P. 787
• 1912 Wash. LEXIS 926

Syllabus

<p>Insurance—Forfeiture—Nonpayment of Premiums. An industrial accident policy lapses and is forfeited, where the premiums were to he deducted each month from the wages of the insured, who, for three consecutive months, quit the service and drew his full pay before the deductions could be made, giving no notice of his change in employment as required by the policy, which provided that no recovery could be had after default and prior to reinstatement.</p> <p>Insurance—Policy—Construction—Life or Accident Policy— “Industrial Insurance.” An accident policy with premiums payable monthly, expiring one year after issuance, which made provision for weekly indemnity for disability and referred to the special class of employment in which the insured was engaged, although it also covers loss of life from “external, violent, and purely accidental means,” is an “industrial” or accident policy and not a “life” insurance policy, within the meaning of Rem. & Bal. Code, §§ 6155, and 6159, providing that no policy of life or endowment insurance, except policies of industrial insurance where the premiums sre payable monthly, shall be issued unless it contains all the provisions of the entire contract including the representations made, with the application attached, and unless so attached, it shall not be considered or received in evidence; hence in an action thereon, evidence as to the insured’s assignment of his wages for the payment of premiums is admissible, although not part of the application.</p>