Fidelity Mutual Life Ins. Co. v. Oliver

• Citation: 111 Miss. 133,71 So. 302
• Decision Date: 03 April 1916
• Docket Number: 17581
• Court: United States State Supreme Court of Mississippi
• Parties: FIDELITY MUTUAL INS. CO. v. OLIVER

71 So. 302

111 Miss. 133

FIDELITY MUTUAL INS. CO. v. OLIVER

No. 17581

Supreme Court of Mississippi

April 3, 1916

APPEAL from the circuit court of Sunflower county, HON. R. C. MCBEE Special Judge.

Suit by Mrs. Rena C. Oliver against the Fidelity Mutual Insurance Company. From a judgment for plaintiff, defendant appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed and cause dismissed.

Moody &amp Williams, for appellant.

F. E Everett, for appellee.

OPINION

COOK, P. J.

The appellee recovered a judgment on a life insurance policy written by the appellant upon the life of her husband, she being the beneficiary named in the policy. The insurance company appeals. For the purposes of this appeal the case is presented to this court upon an agreed statement of facts.

The policy was issued on March 4, 1902, and remained in full force and effect up to March 4, 1912. The assured paid ten full years' premiums. On the 4th day of March, 1911, the company loaned the assured five hundred and sixty dollars, which was the loan value of the policy, and the assured on the same date paid one year's premium and one year's interest on the loan in advance. According to the contract, interest on the loan was to be paid in advance, and the second payment thereof was due March 4, 1912, as was also the premium on the life insurance. The assured did not pay the premium or the interest when due.

"On the 25th day of April, 1912, the appellant notified Mr Oliver that his policy had lapsed and suggested that he make application for reinstatement. Thereafter, on the 14th of October, 1912, Mr. Oliver, being in Jackson, made an application for a reinstatement of this policy and delivered the same to Messrs. Ragland and Anderson, the managers of the company at that place, who forwarded the same to the reinstatement department of the company. On the 25th day of October, 1912, Messrs. Ragland and Anderson wrote Mr. Oliver a letter, bearing that date, which stated, in substance, that the company had advised them that the amount necessary to be paid, before the policy could be put in good standing, was one hundred and fifty-four dollars and fifty-four cents. They suggested that he remit that amount and stated to him that if the policy should not be reinstated the remittance would be returned to him. This letter was received in Indianola on the 26th of October, 1912, and I. A. Oliver, a brother of A. W. Oliver, the latter being sick in bed at the time, wrote Messrs. Ragland and Anderson, inclosing them a check to cover the amount to be paid on the policy, one hundred and fifty-four dollars and fifty-four cents. This letter, with the check inclosed, was received by Messrs. Ragland and Anderson on the 27th of October, 1912, and on that day A. W. Oliver died. However, by letter dated the 28th day of October, Messrs. Ragland and Anderson wrote Mr. I. A. Oliver, they not being aware of Mr. A. W. Oliver's death but still being aware that he was ill when the letter addressed to them was written, that in view of Mr. A. W. Oliver's illness the company would not be able to approve his application for reinstatement at that time. However, the check inclosed by Mr. Oliver was forwarded to the company, but it was never collected by it. This check was, by the company, after it had been advised of Mr. Oliver's death, returned to Mr. I. A. Oliver at Indianola, in a letter dated the 13th of November, 1912.

"Afterwards on the 7th of June, 1913, a check for five hundred and ninety-five dollars and...