Garrett v. Pyramid Life Ins. Company

1 Citing case

  1. National Aid Life Association v. Holland

    136 S.W.2d 175 (Ark. 1940)   Cited 2 times

    There is no element of waiver in this case. Garrett v. Pyramid Life Ins. Co. 197 Ark. 193, 121 S.W.2d 898, is conclusive of that question. It was there held that there can be no waiver of rights without knowledge of the facts upon which such rights are based, and that the mailing of notice to the insured of a premium due after the death of the insured without knowledge of the death could not affect the rights of the insurer under the policy of insurance as they existed at the time of the insured's death. That case is also authority for holding that testimony to the effect that a premium in question was paid cannot be said to make a question for the jury when other testimony so impeaches that testimony as to conclusively show its falsity.