Runbeck v. Farmers & Bankers Life Insurance

Citations

• 96 Kan. 186
• 150 P. 586
• 1915 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Delay in Payment of Dues — Custom, of Insurer-Waiver of Prompt Payment — Member Not Suspended. An insurance company which for a number of years permits a certificate holder to be in default from two to thirty-four days in the payment of his assessments without complaint and continues to forward- receipts for such assessments with no claim of forfeiture or demand for physical examination, thereby adopts a practical rule that until otherwise notified such holder’s payments will be received if paid within a reasonable time.</p> <p>2. Same — When after such a course of dealing the holder died six days after an assessment became due, and payment was tendered immediately and blanks for proof of death demanded, which tender and demand were refused and liability was denied, the certificate was still in force and the company was liable.</p> <p>3. Same — Transfer of Assets of Issuing Company — Assumption of Payment by Defendant Herein. Such company having sold and delivered all its assets to the defendant company, which agreed to assume the liabilities of the- issuing company, the defendant company is liable on such certificate.</p>