145 Ga. 570 | Ga. | 1916
It was urged by the demurrer that the petition did not allege a cause of action, because it appeared that there had not been a valid execution and delivery of the policy of insurance. The basis of this contention was that the paper contained the provision that “the same shall not be valid until countersigned by F. A. Walter, agent of the company at Savannah, Georgia,” and, while signed by the president and secretary, it appeared from the face of the pleadings that it was not signed by the local agent at Savannah. In Kantrener v. Penn Mutual Life Ins. Co., 5 Mo. App. 581, it was said by Blackwell, J.: “The countersigning of the policy by the insurer’s agent, though expressly required by the terms of the policy, is not absolutely essential; and where the intention to execute the contract is sufficiently apparent, it may be considered as waived and dispensed with.” The case of Prall ¶. Mutual Protective Life Ins. Society, 5 Daly, 298, was an action upon a life-insurance policy. The defense, among other things, was that the policy had never been delivered, and that the consideration for the issuance of the policy had never been paid. On the trial the plaintiff produced in court the policy on Shader’s life, duly executed by
“American National Insurance Company.
Monthly premium Department. Galveston, Texas. $200,000 deposited with the State Treasurer of Texas for the protection of Policyholders. Your-on Policy No.-will be due and must be paid to American National Insurance Company, Accident Department, Galveston, Texas, or to —-on or before-*577 1st, 191 — , or your policy of insurance will be void. Always take this notice to local collector, so he can find your name without delay. Policyholders making payments to other than the person named in this notice or at the home office do so at their own risk. The printing and mailing of this notice to a policyholder in arrears shall not be held to waive forfeiture or lapse of policy which may have occurred from any cause.”
Another witness testified that she went to the company’s office on the 8th and carried with her $1.95, and that the agent of the company refused to receive the money, but took the notification card and tore it up. There was evidence that the insured died on March 8th, from the accident received, and that the plaintiff notified the company of his death.
Considering all the evidence, it clearly appears that the only premium payment made and referred to in the receipt given by the company’s agent was that due for February, and that the plaintiff and the insured knew that the premium for March was due on the first. There was no evidence that the company authorized the local agent to extend the time for payment. The policy contained the provision that premiums are due the first of each month in advance; and the further provision that “if the payment of any renewal premium shall be made at [after P] the expiration of this policy or the last renewal receipt, neither the insured nor the beneficiary will be entitled to recover for any accidental injury happening between the date of such expiration and 12:00 o’clock noon, Central Standard time, of the day following the date of such renewal payment.” Inasmuch as the March premium was due on the first and had not been paid at the time of the injury, the policy was in arrears and the insurance theretofore existing was not operative. The effort on the part of the plaintiff to pay the overdue premium after the injury had been received was not in compliance with the terms of the contract, and the agent properly rejected the money when tendered.
Judgment affirmed on both bills of exceptions.