[1] Life Insurance—Conflicting Provisions—Construction of Policy.—Conflicting provisions in a contract of life insurance are to be strictly construed against the insurance company and in favor' of the insured.

[2] Id.—Conflicting Provisions as to Earned Premium—Collection of Note After Maturity—Waiver of Forfeiture.—Where a note payable sixty days after date given for the first annual premium of a life insurance policy provides that if the note is not paid at maturity, the -policy and all rights secured thereby shall terminate and said policy shall become null and void, but the full amount of the premium on said policy shall be considered as the earned premium thereon, while said policy is in force, and the application for the policy provides that such part of the premium as may have been paid in cash shall be retained by the company as earned premium for the term ending with the maturity of the note—and there is paid in cash $28.03, whereas the full amount of the premium is $84.09—the two provisions are hopelessly in conflict, and if the note is not paid at maturity, the collection of the note thereafter by the insurance company waives the forfeiture.

[3] Id.—Forfeiture Clause—Bight of Waiver.—A forfeiture provision of a contract which is solely for the benefit of the insurer may be waived by the company if it chooses to do so.

[4] Id.—Becognition of Continued Validity of Policy—Waiver of Forfeiture Provision.—A provision in a life insurance policy that the insurance shall ipso facto cease and determine upon the default of the insured is waived if the insurance company, after knowledge of default, enters into negotiations or transactions with the assured which recognize the continued validity of the policy, and treats it as still in force.

[5] Id.—Action on Policy—Evidence,—In this action to recover the amount of a life insurance policy, the correspondence between the insurance company and the insured, with reference to the payment of a past-due promissory note given for the first annual premium, was intended and amounted to the recognition by the insurance company of the continued force and effect of the policy, and an express waiver on the part of the insurance company of its right to treat the policy as null and void on the insured’s failure to pay the premium note when it fell due as provided therein.

1. Buie that doubtful terms in insurance policy must be construed favorably to insured as applied to standard policy, note, Ann. Cas. 1913E, 287.