UDRY v. PRUDENTIAL INS.

36 Ohio Law. Abs. 424, 23 Ohio Op. 457, 1942 Ohio Misc. LEXIS 274
CourtCourt of Common Pleas of Ohio, Hamilton County
DecidedJuly 10, 1942
DocketNo. A-65256
StatusPublished

This text of 36 Ohio Law. Abs. 424 (UDRY v. PRUDENTIAL INS.) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Hamilton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
UDRY v. PRUDENTIAL INS., 36 Ohio Law. Abs. 424, 23 Ohio Op. 457, 1942 Ohio Misc. LEXIS 274 (Ohio Super. Ct. 1942).

Opinion

OPINION

By SCHWAB, J.

This cause was submitted to the Court without the intervention of a jury. The facts, in the main, are not in dispute. On the 21st day of February, 1936, the defendant issued to Andrew A. Udry, the husband of the plaintiff, a policy of insurance on the life of the said Andrew A. Udry, being No. 9208169, providing that upon the death of Andrew A. Udry the sum of $5000 was to be paid to the plaintiff, designated as the beneficiary in the policy. The policy provided for premiums of $24.15 payable on the 21st day of February, May, August and November in each year for the first five years of the life of the policy. Nine such payments were made, beginning on the 21st day of February, 1936. The tenth payment due on the 21st day of May, 1938, was not paid when due, nor during the statutory period of grace. Andrew A. Udry died on the 7th day of July, 1938.

[425]*425It is the contention of the defendant that by failure to pay the premium due on May 21, 1938, the policy lapsed and became void.

Plaintiff contends that a portion of the premium due under the policy in the third year of its life created by the terms of the policy itself an extension of the policy beyond the date of the death of Andrew A. Udry, and that by reason thereof the plaintiff is now entitled to the full face value of the policy.

This contention requires an examination of the policy itself and a construction of its provisions. Under the nonforfeiture provisions of the policy it is provided:

“If this policy is to be continued in force by the due payment of premiums until a cash surrender lvalue is first available according to the following Table of Loan and Non-forfeiture values, the insured, by written application and return of the policy to the home office of the company at any time but not after three months from the due date of any premium in default, may elect, subject, as to options (a) and (b), to the consent of any irrevocable beneficiary, any one of the following options, such option to take effect as of the date to which premiums shall have been paid; provided that if no election has been made within three months after the due date of a premium in default, the insurance will be automatically extended as provided in option (c).”

Option (a) provides for the cash surrender value of the policy. Option (b) provides for paid up insurance, and option (c) for extended insurance. The table referred to in the non-forfeiture provisions of the policy reads in part as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
36 Ohio Law. Abs. 424, 23 Ohio Op. 457, 1942 Ohio Misc. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/udry-v-prudential-ins-ohctcomplhamilt-1942.