Rees v. Jefferson Standard Life Ins. Co
| Decision Date | 01 November 1939 |
| Docket Number | No. 313.,313. |
| Citation | 5 S.E.2d 154,216 N.C. 428 |
| Parties | REES. v. JEFFERSON STANDARD LIFE INS. CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Lincoln County; Wm. H. Bobbitt, Judge.
Action by Edith Ferguson Rees against the Jefferson Standard Life Insurance Company on a policy of life insurance. From a judgment of nonsuit entered at the close of plaintiff's evidence, plaintiff appeals.
Affirmed.
Civil action to recover on a policy of life insurance.
Upon receipt in advance of the first quarterly premium of $14.48, the defendant, on 14 January, 1938, issued to Henry E. Rees a $2,000 life insurance policy, payable to his wife, the plaintiff herein, as beneficiary.
The parties have agreed that the second quarterly premium due 14 April, 1938, was not paid; and that neither the insured nor anyone on his behalf ever furnished any notice or due proof of disability prior to insured's death on 1 September, 1938, at the age of 39 years.
It is stipulated in the policy that "premiums or installments thereof" will be waived, if the company shall be furnished in the lifetime of the insured, prior to his reaching the age of 60, and during the period of disability, "with due proof that the insured has become totally disabled by bodily injuries or disease occurring or commencing subsequent to the issuance of this policy and while the policy is in full force and effect and that he has been continuously and wholly prevented thereby for six or more consecutive months from engaging in any occupation or employment whatsoever for remuneration or profit".
It is in evidence that the insured was totally unable to work, or to carry on any business, from 8 April, 1938, until his death on 1 September, following. It is further in evidence that the insured did work as a pharmacist continuously from November 1937 until the latter part (after the middle) of March 1938.
From judgment of nonsuit entered at the close of plaintiff's evidence, she appeals, assigning errors.
M. T. Leatherman, of Lincolnton, and G. T. Carswell and Joe W. Ervin, both of Charlotte, for appellant.
Smith, Wharton & Hudgins, of Greensboro, and Kemp B. Nixon, of Lincolnton, for appellee.
It is generally understood that the nonpayment of a premium when due, or within the period of grace thereafter, in the absence of some extension or waiver, automatically avoids a policy of insurance. Allen v. National Accident & Health Ins. Co., 215 N.C. 70, 1 S.E.2d 94. The parties seem to have assumed...
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