146 Iowa 23 | Iowa | 1910
The policy in this case was issued on a written application which stated that a note for the total
This case is clearly controlled by Lewis v. Ins. Co., 71 Iowa, 97, and same case on second appeal in 80 Iowa, 259; and by Summers v. D. M. Ins. Co., 116 Iowa, 593, where it was held that under the provisions of section 1741 of the Code a copy of a premium note referred to in the application must be attached to the policy to enable the insurer to avail himself of the defense of nonpayment of such note upon maturity. And in all of the cases cited the policy itself contained a forfeiture clause practically the same as the one in suit. The clause does no more than to provide for a forfeiture if any note or credit given for the premium is due and unpaid when
It is also argued in the reply that the extension of the time of payment of the note due November 1, 1907, should be held to bring the case within the rule announced in Wilson v. Royal Mut. Ins. Co., 137 Iowa, 184. But to so hold would be an obvious evasion of the statute. In the Wilson case no note was given until long after the policy issued, while here the note was contemporaneous with the policy, and the extension of its time of payment could in no way avoid the rule of the Lewis case.
The giving of the notice required by Code, section 1727, does not help the defendant, for the reason that such notice would still be required if a copy of the note had been attached to the policy.
The trial court properly directed a verdict for the plaintiff, and the judgment rendered thereon is affirmed.