110 S.W.2d 556 | Tex. | 1937
On January 1, 1930, plaintiff in error issued a certificate of life insurance for $500.00 to Marcus W. Carroll, in lieu of a former certificate for $1,000.00. The insured failed to pay his August, 1932, monthly premium installment. He thereafter paid same, but in less than thirty days from the date of such payment he became fatally sick, from which illness he soon thereafter died. Stipulations made a part of his contract of insurance are in part:
"If he fails to make any such payments on or before the last day of the month he shall thereby become suspended, his beneficiary certificate shall be void, the contract between such person and the Association shall thereby completely terminate, * * *.
"Any member who becomes suspended because of the nonpayment of any installment of assessment, if in good health, may within three calendar months from the date of his suspension again become a member of the association by the payment of the current installment of assessment and all installments of assessments which should have been paid to maintain him as a member. Whenever installments of assessments are paid by or for a person who has become suspended for the purpose of again making him a member, such payment shall be held to warrant that he is at the time of making such payment in good health, and to warrant that he will remain in good health for thirty days after such attempt to again become a member, * * *.
"Any attempt by a suspended person to again become a member shall not be effective for that purpose unless such person be in fact in good health at the time and continue in good health for thirty days thereafter, * * *."
Other provisions will be hereafter discussed. Judgment was entered by the trial court for the beneficiary named in said certificate *3
which was affirmed by the Court of Civil Appeals. See
There is no fact issue here in dispute, it being shown conclusively that the insured was stricken with a fatal illness within less than thirty days from the date payment was made of the delinquent installment.
Insured's policy had lapsed, no premium loan being available to him, and his fatal illness prevented its unconditional reinstatement.
Judgments of the trial court and of the Court of Civil Appeals are both reversed, and judgment here rendered for plaintiff in error. Reversed and rendered.
Opinion adopted by the Supreme Court December 8, 1937.
Chief Justice CURETON not sitting.
Rehearing overruled February 2, 1938. *4