Nelson v. National Guaranty Life Co.

The plaintiff sues to recover on a policy of life insurance issued to her deceased husband by defendant. The defense is that the policy lapsed by nonpayment of an installment of the premium and also that there was fraud on the part of the insured in making false statements in the application for the policy.

On trial the plaintiff introduced evidence which she claims constituted a waiver by defendant of the strict performance of payment of the premium, and that the fraud was that of the agent of defendant, and not of the deceased.

The policy contained a provision for forfeiture and relating to waiver, in the following words: “The failure to pay any premium within fifteen days from date on which it is due shall without further action of the company lapse this policy and the insured shall thereafter have no claim hereunder until and unless he shall have been reinstated by the company. At any time within one year after lapsing, such insured may be reinstated upon his furnishing proof acceptable to the company that he is of insurable age, in good health, and by payment of all past due premiums or payment of the rate at attained age. Sending of notice of premium or any other notice…