Smith v. Mutual Reserve Life Insurance

Citations

• 44 Wash. 315
• 87 P. 347
• 1906 Wash. LEXIS 833

Syllabus

<p>Insurance — Forfeiture—Nonpayment of Premiums — Notice-— Change of Address. Where in accordance with the provisions of the policy, the by-laws of the company, and the laws of the state, notice of premiums due were mailed to the insured at his duly authorized postoffice address, in Butte, Montana, failure to receive the notice by reason of removal to Florida does not keep the policy alive, nor does correspondence respecting a mortuary call stating that the insured left home hurriedly and asking that receipt therefor be mailed to a given address in Florida amount to sufficient notice to the company of a permanent change of address.</p> <p>Same — Necessity of Notice to Beneficiary. In such a case, it is not necessary to give notice to the beneficiary who was the wife of the insured, especially where she was notified that the next notice would be mailed to the insured at his authorized address.</p> <p>Same — Date of Accrual of Premiums — Acquiescence in Provisions of Policy. Upon a failure to pay a premium when due according to the terms of the policy, it cannot be claimed that the policy did not go into effect until some months after its date and that premiums were not due at the time specified, where for eight years payments had been demanded and made in accordance with the terms of the policy.</p>