Morgan v. Aid Ass'n for Lutherans
Morgan v. Aid Ass'n for Lutherans
Opinion of the Court
Appellant appeals from a judgment dismissing her complaint against the respondent, in which she seeks to recover the proceeds of her deceased husband’s life insurance policies.
Appellant’s husband had two life insurance policies with the respondent—one taken out in 1965 in the amount of $6,000, and the other taken out in 1966 in the amount of $15,000, each with a double indemnity provision. The quarterly premium payments on both policies, totaling $121.42, became due on June 2, 1966. Under the provisions of the
Both Weick and appellant were aware that the date of
The grounds upon which appellant claimed recovery at the trial level, and seeks recovery in this court, are the related doctrines of equitable estoppel and waiver; i.e., estoppel to deny lapse of the certificates and waiver of the reinstatement application.
Equitable estoppel has been defined as a bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, ... by his own deed, acts, or representations, either express or implied.
28 Am. Jur. 2d Estoppel and Waiver § 1, 599, 600.
The elements of estoppel in pais are set forth in Stouffer-Bowman, Inc. v. Webber, 18 Wn.2d 416, 427-428, 139 P.2d 717 (1943) as follows:
In 19 Am. Jur., p. 642, § 42, we find the following relative to equitable estoppel:
“The essential elements of an equitable estoppel as related to the party estopped are: (1) Conduct which amounts to a false representation or concealment of material facts, or, at least, which is calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (2) intention, or at least expectation, that such conduct shall be acted upon by the other party; (3) knowledge, actual or constructive, of the real facts. As related to the party claiming the estoppel, they are: (1) Lack of knowledge and of the means of knowledge of the truth as to the facts in question; (2) reliance upon the conduct of the party estopped; and (3) action based thereon of such a character as to change his position prejudicially.”
Estoppels must be certain to every intent, and are not to be taken as sustained by mere argument or doubtful inference. No party ought to be precluded from making out his case according to its truth unless by force in some positive principle of law. Hence, the doctrine of estoppel in pais must be applied strictly, and should not be enforced unless substantiated in every particular.
Waiver has been defined as
the voluntary and intentional relinquishment of a known right, claim, or privilege. . . . [It] is a voluntary act and implies election by a person to dispense with something of value or to forgo some right or advantage which he might at his option have demanded and insisted upon.
28 Am. Jur. 2d Estoppel and Waiver § 154, 836.
Given the facts in this case, respondent had the opportunity and the right to either exercise a waiver or not. They chose not to waive the requirement of the reinstatement application and refunded appellant’s premiums. This requirement could not be waived by Weick.
Judgment is affirmed.
Evans, C. J., and Green, J., concur.
Petition for rehearing denied November 19, 1969.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.