Reynolds v. Metropolitan Life Insurance

Citations

• 105 Kan. 669
• 185 P. 1051
• 7 A.L.R. 1558
• 1919 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Industrial Insurance — Default in Payment of Premium — Thirty Days’ Written Notice Required to Forfeit or Cancel Policy. The provision cf section 1 of chapter 212 of the Laws of 1913 (Gen. Stat. 1915, § 5292), making it unlawful for any life insurance company, other than fraternal, doing business in the state, to forfeit or cancel a policy on account of the nonpayment of premiums, without first giving notice in writing to the holder of any such policy of its intention to forfeit or cancel the same, is held to include industrial policies issued upon the payment of monthly or weekly premiums.</p> <p>2. Same — Provision in Policy Waiving Statutory Written Notice Void. The policy of insurance sued on was an industrial policy, which made ' it the duty of the company’s agent to call upon the insured on Monday of each week to collect a weekly premium of 25 cents. Printed upon the policy with a rubber stamp was a provision as follows:</p> <p>“The insured under this policy, by the acceptance thereof, expressly waives, both for himself and for any other person who has now, or who may subsequently acquire any interest herein, the giving of any notice provided for by chapter 212 of the Laws of 1913 of the state of Kansas, and consents that said policy may be lapsed or forfeited for nonpayment of premium as herein provided.”</p> <p>Held, that this provision of the policy was void.</p> <p>3. Same — No Mutual Agreement to Cancel or Abandon Policy. On the facts stated in the opinion, it is held that the insured and the insurance company had not by mutual agreement abandoned and canceled the policy, and that it was in full force and effect at the time of the death of the insured.</p>