Vinther

Plaintiffs and respondents are the children of Claude A. Yinther, now deceased. Said deceased on December 11,1930, entered into a contract with defendant, insuring himself against sickness and accident, in consideration for which policy of insurance, deceased paid quarterly premiums in a stipulated amount. The contract of insurance by its express terms provided that the next quarterly premium due immediately subsequent to the issuance of the contract was March 15, 1931, and was payable quarterly thereafter. Deceased was killed in an accident at Red Bluff, California, on July 9, 1933. On July 8, 1933, the day prior to his death, deceased had mailed to defendant from the postoffice at Proberta, California, the quarterly payment which had become due on June 15, 1933. From the date of the issuance of the policy until the final premium was paid, premiums became due and were paid as follows:

It will be observed from the foregoing compilation that premium payments, with the exception of the first, were never made as required by the policy, but were made and accepted when overdue from four to thirty-eight days. The contract of insurance made no provision for a period of grace. The final…