22 Pa. Super. 501 | Pa. Super. Ct. | 1903
Opinion by
The policy in suit was issued and accepted subject to the following provision indorsed upon the back of it, and made part thereof by express reference: “ Should the policy become void in consequence of nonpayment of premium, it may be revived, if not more than fifty-two payments are due, upon payment of all arrears and the presentation of evidence satisfactory to the company of the sound health of the insured.” This was designated as one of the “ privileges and concessions to policy holders.” Payments of the weekly premiums of fifteen cents each ceased on June 15, 1896, but on November 24, 1896, the beneficiary paid to the defendant’s agent with the intention to revive the policy, the sum of $5.25, which was sufficient to satisfy all arrears, and also to pay the premiums that would fall due up to February 10,1897. The agent gave this receipt, dated
The action was defended upon the grounds: first, that the negotiations for the revival of the policy, which had lapsed under its terms because of the nonpayment of premiums, were yet inchoate when the decedent died; second, that even if revived, the policy again lapsed because of the subsequent nonpayment of premiums; third, that the condition of the policy which reads, “ Proofs of death under this policy shall be made upon blanks to be furnished by the company,” etc., was not complied with.
The second groun of defense was based upon the mistaken assumption that the payment of November 24 was only sufficient to cover the premiums in arrear; and in view of the fact that it was sufficient to pay all premiums that fell due in the decedent’s lifetime, this ground of defense need not be further considered.
There was a dispute as to what occurred after his death, but if the plaintiff’s witness is to be believed, she demanded payment of the amount of the policy the day after his death, which was refused, the company coupling its refusal with a denial of liability exclusively upon the ground that the policy had lapsed because of nonpayment of premiums. In view of the evidence and the further fact, which was undisputed, that the company neither furnished, nor offered to furnish, the blanks, it would
There were but two things required to revive the policy, first, the payment of all arrears; second, the presentation of evidence, satisfactory to the company, of the soundness of health of the insured. Upon fulfilment of these conditions the policy would be revived without further action; it was not essential that the assent of the company to the revival be indorsed on the policy. Hence no presumption of law or inference of fact is to be raised against the beneficiary because she did not surrender the policy at the time she made the payment or after-wards. It was not part of the contract that this should be done in order to entitle her to the benefit of the revival clause. As the learned trial judge properly said, the policy belonged to her, and she was entitled to retain it as the evidence of her right. Nor are we prepared to give our assent to a construction of the revival clause which would relieve the company under any and all circumstances from the obligation of indicating to the policy holder the kind of evidence that would be satisfactory. It is clear, however, that mere conditional acceptance of the premiums in arrear under the circumstances' stated at the outset of this opinion would not, of itself, revive the policy. The company was entitled to a reasonable time within which to determine whether it would accept the application for revival upon the evidence already in its possession or would