The Miscellaneous Reports Volume 13

The Miscellaneous Reports Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...issue a paid-up policy for the sum hereby insured for a term of as many weeks, etc., provided that this policy shall be surrendered to the company and application made in writing for such paid-up policy within sixty days after default in the payment of premiums hereon," and the eleventh clause or condition of said policy was as follows: "Agents are not authorized to make, alter or discharge contracts, waive forfeitures or receive premiums in arrears beyond the time allowed by the regulations of the company, which in no case shall exceed four weeks." August Elsner, the assured, died March 29, 1893. It is conceded that the proportionate period fixed by the eighth clause of the policy was, in the present case', for a period of sixty weeks. It appeared from the evidence, and is not disputed, that the last weekly payment on the policy in suit was made on October 31, 1892, for the premium that became due on October 10, 1892. Without further payments of premium or action on the part of the assured, it is conceded that the policy would have lapsed on November 14, 1892. Plaintiff, however, claimed the right to recover on the ground that the assured had taken the proper steps to obtain a paid-up policy under the above-quoted eighth clause, and that the defendant postponed and put off issuing such paid-up policy on various pretexts, and thereby misled and induced the assured to discontinue further payment of weekly premiums. The case was tried and the liability of the defendant was left to the jury to determine on the question as to whether the defendant, by its olfieers, waived the payment of premiums on the policy from October 10, 1892, to the date of Elsner's death. Did the company, by its officers, agree with the...
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Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236755375
  • 9781236755377