Schaefer v. Peninsular Casualty Insurance
254 N.W. 139, 266 Mich. 386, 1934 Mich. LEXIS 691
Michigan Supreme Court·Decided April 3, 1934·No. Docket No. 15, Calendar No. 37,443.·Published·Cited by 5 cases
Opinions
The judgment is reversed, without a new trial.
The insured never paid the premium and never intended to pay. Repeated requests to pay were ignored and, on one occasion, met by a falsehood that a check had been sent. The policy recited an undertaking, in consideration of the payment of the premium. There was no occasion for defendant to declare the stillborn policy dead.
I cannot sanction recovery under the circumstances here disclosed.
POTTER, NORTH, FEAD, and BUTZEL, JJ., concurred with WIEST, J. *Page 397
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Schaefer v. Peninsular Casualty Insurance, 254 N.W. 139, 266 Mich. 386, 1934 Mich. LEXIS 691 (Mich. 1934).
254 N.W. 139 (Schaefer v. Peninsular Casualty Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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