Insurance Company v. Higginbotham,
95 U.S. 380 (1877)

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U.S. Supreme Court

Insurance Company v. Higginbotham, 95 U.S. 380 (1877)

Insurance Company v. Higginbotham

95 U.S. 380


1. A policy of life insurance, dated July 16, 1869, stipulated for the payment of the annual premium on or before twelve o'clock on the sixteenth day of July in every year, and provided that in case it should not be paid on or before the day mentioned at the home office of the company or to agents when they produced receipts signed by the president or the treasurer, then and in every such case the company should not be liable to the payment of the sum insured or any part thereof, and that the policy should cease and determine. The premium due July 16, 1870, was not paid when due. On the 1st of October following, the insured made application for the reinstatement of the policy to the company, paid the premium, received the agent's receipt therefor, and gave the latter his certificate of health and his certificate of examination, signed by the physician of the company, which were forwarded to it at its home office. The renewal receipt, bearing date July 16, 1870, was, Oct. 12, sent by the company to the agent, who delivered it on the 14th to the insured without inquiry or information as to his health. Held that the representations of the insured as to the condition of his health on the 1st of October, when he applied for the reinstatement of his policy and paid the premium, were not continuous until the 14th of that month, and that the contract was consummated on the day when the premium was paid.

2. The ruling in Insurance Company v. Newton, 22 Wall. 32, touching the effect, as admissions for or against an insurance company, of facts set forth to the preliminary proofs of death, reaffirmed.

The facts in the case are fully set forth in the opinion of the Court.

Page 95 U. S. 381

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