Doellefield v. Travelers Ins. Co.

Full title: Christine Doellefield, Appellee, v. Travelers Insurance Company, Appellant

Court: Appellate Court of Illinois, Second District

Date published: Aug 14, 1941

312 Ill. App. 177 (Ill. App. Ct. 1941)

37 N.E.2d 867

Opinion

Gen. No. 9,632. (Abstract of Decision.)

Opinion filed August 14, 1941 Rehearing denied December 16, 1941

INSURANCE, § 308^_ — advancement of premiums by agent. In action on accidental indemnity provision of life insurance policy, evidence was insufficient to show that agent had agreed to advance monthly premium instalment to insured, that agent had waived prompt payment of premium, or that any custom existed whereby insured was excused from such payment, where evidence conflicted and it appeared that insured had been notified by agent that he could make no further advancements for him and that insured had assented.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Winnebago county; Hon. THOMAS E. GILL, presiding.

Reversed and remanded. Heard in this court at February term, 1941.

C.H. Linscott, for appellant;

Lisle W. Menzimer and Hall Dusher, for appellee.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed August 14, 1941; rehearing denied December 16, 1941.