Knoebel v. N. Am. Accident Ins. Co.

• Decision Date: 17 April 1908
• Citation: 135 Wis. 424,115 N.W. 1094
• Parties: KNOEBEL v. NORTH AMERICAN ACCIDENT INS. CO.
• Court: Wisconsin Supreme Court

135 Wis. 424

115 N.W. 1094

KNOEBEL

v.NORTH AMERICAN ACCIDENT INS. CO.

Supreme Court of Wisconsin.

April 17, 1908.

Appeal from Waukesha County Court; M. S. Griswold, Judge.

Action by Annie Knoebel against the North American Accident Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.

This is an action by the beneficiary in an accident insurance policy issued by the defendant October 26, 1905, to recover the death indemnity provided thereby. The plaintiff is the widow of Frank Knoebel, the assured, who was at the time of the issuance of the policy superintendent of a stone quarry near Waukesha, Wis., and met with an accident resulting in his death within a few hours on October 5, 1906. The policy was issued upon a written application, and provided for the payment of a premium of $1 on the 1st day of each month, and that the insurance should only continue in force so long as the monthly premiums were paid in advance on the 1st day of each month without notice. It further provided that, in case of payment of a renewal premium after expiration, there could be no recovery for accidental injury happening between the date of the expiration and 12 o'clock noon of the day following such payment, and that the acceptance of any renewal premium should be optional with the company. The defense pleaded was that Knoebel did not pay the monthly premium falling due October 1, 1906, and that the policy had thereby lapsed and expired prior to and at the time of Knoebel's injury and death. The action was tried before a jury, and the facts were essentially undisputed. Knoebel paid an advance policy fee of $5 on October 25, 1905, at the time of making his application. The first monthly payment was due December 1, 1905. The policy provided that the monthly payments should be made to the company at its home office in Chicago, or to the person designated in writing by the company to receive them. The company gave the assured a small book or folded card containing a notice that, in order to keep the policy in force, all premiums must be paid in advance, without notice, to Geo. L. Forrest, collector, 88 La Salle street, Chicago, or, if he could not be reached to A. E. Forrest, secretary, 217 La Salle street, Chicago, and that “this book must always be presented to the collector when paying premiums and receive his signature which is a receipt for the same; if the collector cannot be found send post office or express order or check with this book to A. E. Forrest, Secy., 217 La Salle St., Chicago.” The book or card contained an appropriate space with blank lines in which the collector was to note the date and amount of each monthly payment.

At or about the close of each month, beginning with the close of November, 1905, and continuing until the close of August, 1906, the company caused to be mailed at Chicago from the collector's office 88 La Salle street a notice directed to the insured at Waukesha, stating that “the payment of your insurance is due the 1st day of the month. Please use the inclosed stamped envelope in sending the same, and put your receipt book with your money. The book will be returned promptly.” The inclosed stamped envelope was addressed to the collector's office 88 La Salle street. In response to this notice, the assured each month at once mailed the monthly payment of $1 inclosed with the book in the stamped and addressed envelope, and the book was regularly returned duly receipted. The book was offered in evidence, and shows the payments to have been received as follows: December 1, 1905; January 2, February 1, March 1, April 2, April 30, May 31, July 3, July 31, and September 1, 1906. The remittances were uniformly mailed by Lena Knoebel, the daughter of the assured, who went to the post office a day or two before the close of each month with the necessary dollar and received the notice, and immediately mailed the premium and the book in the stamped envelope. No notice was sent for the October premium. Lena went to the post office as usual with the premium money as directed by her father about October 1st, but found no notice. She went two or three times from the 1st to the 4th of October prepared to send the money, but still received no notice. She and her father relied on receiving the notice, and did not send the dollar on account of not receiving it. The injury and death of the assured occurred October 5th, and on October 8th the company was notified of the assured's accidental death, but on October 10th denied all liability on account of failure to pay the October premium. The beneficiary tendered the premium by mail to the company October 20th, but it was...