National Benefit Ass'n v. Elzie
National Benefit Ass'n v. Elzie
Opinion of the Court
delivered the opinion of the Court:
There was no error in refusing to direct a verdict for defendant.
The defendant relied on a forfeiture of the benefit through failure to comply strictly with the terms of the policy. Plaintiff relied on the facts in regard to the receipt of the payments and the execution of unconditional receipts, as amounting to a waiver of thé forfeiture. “Forfeitures are not favored in the law; and that courts are always prompt to seize hold of any circumstances that indicate an election to waive a forfeiture, or an agreement to do so on which the party has relied and acted. Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract. The company is thereby estopped from enforcing the forfeiture. The representations, declarations, or acts of an agent contrary to the terms of the policy, of course, will not be sufficient, unless sanctioned by the company itself. Union Mut. L. Ins. Co. v. Mowry, 96 U. S. 544, 24 L. ed. 674. But where the latter has, by its course of action, ratified such declarations,, representations, or acts, the case is very different.” New York L. Ins. Co. v. Eggleston, 96 U. S. 572-577, 24 L. ed. 841-843. See also Knickerbocker L. Ins. Co. v. Norton, 96 U. S. 234, 24 L. ed. 689; Globe Mut. L. Ins. Co. v. Wolff, 95 U. S. 326-330, 24 L. ed. 387-389; Hartford Life Annuity Ins. Co. v. Unsell, 144 U. S. 439-449, 36 L. ed. 496-500, 12 Sup. Ct. Rep. 671; Supreme Lodge, K. P. v. Kalinski, 163 U. S. 289-298, 41 L. ed. 163-166, 16 Sup. Ct. Rep. 1047.
It had the right to reinstate without examination, in its discretion, and must have known that the collector, whoever he was, had waived it by executing the unconditional receipt in the book, instead of issuing the special conditional receipt, according to the ordinary practice. Such a receipt would have informed the insured, and put him upon action for reinstatement. Having permitted these and the earlier payments to be made, and accepted the money without question or condition, the insured and the beneficiary, apparently ignorant persons, were led to believe that he had never been actually suspended, and that the policy was in force.- The association ought, therefore, to be and is estopped, after the death of the insured, to say that the policy had been forfeited before those payments were accepted and received by it. Under the evidence, there arises no question regarding the right of an agent to waive a provision of the
Error has been assigned, also, on the allowance of interest by the jury. There are no pleadings in the case, and nothing upon which to found an inquiry into the alleged error.
We think there was no error committed on the trial, and the judgment will he affirmed, with costs. Affirmed.
Reference
- Full Case Name
- NATIONAL BENEFIT ASSOCIATION v. ELZIE
- Cited By
- 3 cases
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- Published
- Syllabus
- Forfeitures; Insurance;. Waiver; Estoppel. 1. Forfeitures are not favored in the law; and courts are always prompt to seize hold of any circumstances that indicate an election to waive a forfeiture, or an agreement to so do on which the party has relied and acted. 2. Any agreement, declaration, or course of action,' on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will estop the company from insisting upon the forfeiture, though it might otherwise be claimed, under the express letter of the contract. 3. Where a relief and insurance association whose contracts of insurance with beneficiaries provide for suspension of members three weeks in arrears in making their weekly payments, with the right in the association to reinstate without medical examination, in its discretion, permits its collector to collect a series of overdue payments from an insured so in arrears, and to give him unconditional receipts therefor, it is estopped, after the death of the insured, to claim that the policy was forfeited before such payments were made and accepted by it. 4. The question of whether the collector of an insurance association, in • giving unconditional receipts for payments made by a beneficiary in arrears, acted beyond the scope of his authority, does not arise where the association accepted the payments, presumably with knowledge of all the facts attending the collections and the execution of the receipts.