117 Ga. 116 | Ga. | 1903
A policy .of accident insurance was taken out by Stephen Reed (a fireman on a locomotive engine) with the Travelers Insurance Company. On November 20, 1899, the policy was issued in accordance with his application and with the terms of an order for money, given by him on the paymaster of the railroad company by which he was employed. The policy contained the following clauses: “ The payments directed in the order or assignment are premiums for separate and consecutive periods of two, two, three, and five months, and each is to apply only to its corresponding insurance period. All claims for injuries received during any period [except the first] for which the respective premium shall not have been actually paid shall be forfeited to the company.” “In case the insured shall fail to leave in the hands of the paymaster any premium as it shall fall due, as directed in said order, this policy shall be void.” Reed was killed in a railroad accident on February 16, 1900. Notice of his death was given the company, and payment demanded. The company replied that the policy was not in force at the time of his death, as the second premium had not been paid. Thereupon the beneficiary in the policy brought suit against the company to recover the amount of the policy. In her petition she alleged most of the facts above stated, and further that the premiums had been paid and that the policy was of force from its date, up to and including the period in which Reed was killed. The company denied this. At the trial of the case, after the submission of evidence by the plaintiff, the court granted a nonsuit. To this ruling the plaintiff excepted.
It was also contended by counsel for the plaintiff in error that the books of the railroad company showed that, at the time of Reed’s death, he had due him from that company an amount sufficient to pay all the premiums due on the policy. This does not in any way help the plaintiff. We have shown that, under the policy, the insured must have paid the premium before the accident occurred, -or have left in the hands of the paymaster enough of his January wages to pay that premium. The money earned in February could not have been applied by the paymaster to the payment of the premium for the second period. The order or special assignment authorized the paymaster to so apply a portion of Reed’s wages for January, but contained no authority for such an application of his February wages. The order authorized the application of part of the February wages to the payment of the premium for the third period only. Upon this last question and the one previously discussed, see Bane v. Travelers Ins. Co., 85 Ky. 677, in which the facts were exactly similar to the facts of the present case. See also McMahon v. Ins. Co., 77 Ia. 229, and Landis v. Ins. Co., 6 Ind. App. 502.
Judgment affirmed.