4 A.2d 537 | Pa. Super. Ct. | 1938
Argued October 12, 1938. This is the second time that these two cases have been before this court. Precisely the same questions are involved in these two appeals and they will be considered in one opinion. Extensive discussion is not required as the learned trial judge has, in an opinion filed in the court below, fully answered the contentions of the appellants. The judgments must be affirmed.
When the cases were here on the former appeals (
When a new trial was ordered the case was restored to the status it had before any trial took place: Penna. Co. for Ins. onLives, etc., v. Lynch,
The premium receipt books offered in evidence show that the premiums due on March 18 and 25, and April 1 and 8, 1935, were not paid when due, but the same premium receipt books introduced in evidence show that the premiums had been more than three weeks in arrears — the period required for an automatic lapse under the terms of the policy — on fifteen occasions from May 6, 1933, to April 11, 1935, and after each of these periods the defendant company had unconditionally accepted *38 and retained the premiums so paid; that after April 11 the policies were at no time three weeks in arrears up to the date of the death of the insured on July 9, 1935; and that all premiums were fully paid at the date of the insured's death with the exception of the payment for the current week.
The question raised in these appeals is ruled by the case ofPoles v. State Mutual Benefit Society,
When the trial judge submitted to the jury, under adequate instructions, for their determination the question as to whether the insurance companies had waived *39 their right to declare a forfeiture without notice to the insured, the defendants were given every right to which they could possibly be entitled. The jury found against the defendants on this issue.
The entire argument of appellants is based on the false premise that the policies were lapsed and reinstated and is therefore of no force.
The judgment in each of the above cases is affirmed.