126 P. 1002 | Or. | 1912
delivered the opinion of the court.
In Wilcox v. Sovereign Camp W. O. W., 76 Mo. App. 573, the applicant appeared at the office of the local clerk, and said he was ready to pay the dues and assessments required, but made no tender of the amount, and delivery of the policy was postponed by his consent because the consul commander was not in, whose custom it was to sign the certificates. Pending such delivery
“The receipt by an agent from his insurance company of a policy to-be unconditionally delivered by him to an applicant is in law tantamount to a delivery to the insured, though the agent never surrenders possession of the policy, and though its delivery to the applicant is by contract made essential to its validity.”
In Owens v. Modern Woodmen of America (Tex.) 130 S. W. 859, the application was filed on the 25th of September, and on the 27th of the same month the applicant was taken sick with typhoid fever, of which he died on the 18th day of October. The policy arrived at the local camp the day before his death. Under these circumstances, the court held that the delivery to the local clerk was.not a delivery to the applicant.
It will be noted that in all these cases either something remained to be done or paid by the applicant, or that he was not in good health when the local clerk or agent received the policy. We have been cited to no case where the applicant, not in default for dues or assessments and being in good health at the time the local clerk received the policy, has been held to have been uninsured,
The judgment of the circuit court is affirmed.
Affirmed.