Swanson
Swanson v. Continental Casualty Co.
Opinion
Lead Opinion
Morrow, J.
This is an action upon an accident insurance policy issued hy the Continental Casualty Company of Indiana to one Charles J. Swanson on the 20th day of January, 1915, and renewed from year to year thereafter, to and inelud *411 ing the year 1921, by an annual renewal certificate executed and delivered to Swanson, and claimed by the plaintiff in error to have been so renewed for the year 1922 by a renewal certificate executed and delivered to Swanson on the 20th day of January, 1922. The plaintiff in error is the beneficiary named in. the policy.
Swanson met an accidental death on the 26th day of February, 1922, and at that time the renewal certificate last above mentioned was in his possession, but the annual premium of $30 had not been paid for the year 1922. It is provided in the policy of insurance that “the company shall not be liable for any loss occurring hereunder while the insured shall be in default in the payment of any premium,” and that “strict compliance on the part of the insured and the beneficiary with all the provisions of this policy is a condition precedent to recovery thereunder, and any failure in this respect shall forfeit to the Company all rights to…