Stephens

General American Life Ins. v. Stephens

Good Law
130 F.2d 511·1942 U.S. App. LEXIS 3138
United States Court of Appeals for the Ninth CircuitJuly 17, 1942No. 9722California1,525 words

Opinion

Lead Opinion

Denman, J.

Wc have set aside our former decision and given further consideration to the facts *512 as stated in the report of this case in 9 Cir., 121 F.2d 218 . We there held that the matured coupons attached to the policy were assigned with the policy as security for the loan to the insured. Further consideration leads us to the conclusion that the coupons were not so assigned.

After the assignment of the policy, one of the coupons was paid. This left to the insured but the first of his three options with respect to the coupons. The other two options required the surrender of all the coupons, both under option 2, for a fully paid-up policy after sixteen years payment of premiums, and under option 3 for the payment in cash of the face of the policy less loans after eighteen years payment of premiums. The remaining option provision is

“Option 1. The insured may use the amounts designated in the coupons hereto attached for the reduction of his premium payments from year to year.

*****

“In case the Insured shall pay all premiums in full, without coupon reduction, the unused due coupons shall be placed to the credit of the policy and shall be payable at any time, together with compound…

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