The Teutonia Life Ins. Co. v. Anderson
| Decision Date | 31 January 1875 |
| Citation | 77 Ill. 384,1875 WL 8329 |
| Parties | THE TEUTONIA LIFE INSURANCE COMPANYv.JOHN F. ANDERSON. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of St. Clair county; the Hon. WILLIAM H. SNYDER, Judge, presiding.
This was an action of assumpsit, by John F. Anderson against the Teutonia Life Insurance Company, upon a policy of insurance. The material facts of the case are stated in the opinion of the court.
Messrs. HAY & KNISPEL, for the appellant.
Messrs. C. W. & E. L. THOMAS, for the appellee.
The policy of insurance declared on was procured by the “Bismark Bund,” on the life of Franklin Anderson, and was payable, on the death of the assured, to appellee. One object of the association called the “Bismark Bund” seems to be, to procure for its members, in consideration of the payment of weekly dues, assurance of support in sickness, and also life insurance.
Appellant agreed to furnish members of the bund life insurance at its regular rates, and, by the written contract in evidence, the bund was to be primarily liable to the insurance company for premiums on all policies issued under the contract to its members, which were to be repaid to the bund in weekly installments or dues.
The application for insurance was made on the 9th day of July, 1872, and the policy was issued shortly thereafter. The premiums were to be paid quarterly, viz: on the 9th days of October, January, April and July in each year.
It is recited in the policy the premium for the first quarter was paid. By the terms of the contract between the bund and the insurance company, the premiums were not to be paid until the expiration of the quarter. This was probably to enable the bund to collect the amount from the assured in weekly dues.
On the 9th day of October, 1872, after the policy had been issued, the bund paid the insurance company the premium for one quarter, being the first premium due under the contract. The premium for the next quarter, maturing on the 9th day of January, 1873, was not paid, for the reason the assured had ceased to pay his weekly dues to the bund on the 1st day of January, 1873.
The assured died on the 26th day of February, 1873. Proof was made of his death, and notice given to the company. Appellant declined to pay the policy, because the assured had ceased to pay his weekly dues to the bund on the 1st day of January, 1873, and, under the by-laws and usages of the association, the assured forfeited his interest in the policy.
There is no pretense the quarterly premium due on the 9th day of January was ever, in fact, paid to the insurance company. Appellee insists the bund was the agent of the company, to collect the installments of premiums as they became due, and that there were funds in the possession of the bund, arising from the payment of weekly dues, more than sufficient to pay the premium due on the 9th day of January.
On the trial, appellant offered to prove, in rebuttal, that the first quarter's premium...
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