Home/Michigan Supreme Court/Schaefer v. Peninsular Casualty Insurance

Schaefer v. Peninsular Casualty Insurance

254 N.W. 139, 266 Mich. 386, 1934 Mich. LEXIS 691
CourtMichigan Supreme Court
DecidedApril 3, 1934
DocketDocket No. 15, Calendar No. 37,443.
StatusPublished
Cited by5 cases

This text of 254 N.W. 139 (Schaefer v. Peninsular Casualty Insurance) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schaefer v. Peninsular Casualty Insurance, 254 N.W. 139, 266 Mich. 386, 1934 Mich. LEXIS 691 (Mich. 1934).

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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280 N.W. 741 (Michigan Supreme Court, 1938)
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King v. American Insurance Union, Inc.
261 N.W. 308 (Michigan Supreme Court, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
254 N.W. 139, 266 Mich. 386, 1934 Mich. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaefer-v-peninsular-casualty-insurance-mich-1934.