Teutonia Life Insurance v. Mueller

Citations

• 77 Ill. 22

Syllabus

<p>1. Practice—amendment changing parties to the suit. In a suit by an administrator upon a policy of insurance, the administrator may be dismissed in the action, and the widow and heirs of the assured substituted as plaintiffs in his stead, under the recent Practice Act, where the latter are the proper parties to sue.</p> <p>3. Same—How to take advantage of amendment by interlineation. If a defendant desires to present the question whether an amendment of a declaration can be made by interlineations, he should move to strike the amended declaration from the files for that cause, and have exceptions to the ruling of the court preserved by a bill of exceptions.</p> <p>3. Insurance—recital of payment of premium conclusive. Where a policy of insurance of a person’s life recites the payment of the first quarterly premium, the insurance company will not be permitted to disprove such recital.</p> <p>4. Same—when payment of premium immaterial. Where an insurance company insuring a person’s life by contract, looks alone to an association of which the assured was a member for the payment of premiums, it makes no difference whether the premiums falling due before the person’s death were paid or not.</p> <p>5. Same—-failure of assured to pay party insuring, no defense to suit on policy. Where an association or bund procured a policy of insurance on the life of one of its members, the premium to be paid quarterly in advance, and made all the payments due up to the death of the assured, it was held, that the fact that the assured was in arrears in the payment of his weekly dues to the bund, by which it was to be reimbursed, presented no ground of defense to a suit on the policy.</p>