Morticians' Acceptance Co. v. Interment Insurance

Full title: Morticians' Acceptance Company, Inc., Appellee, v. Interment Insurance…

Court: Appellate Court of Illinois, First District

Date published: Jun 1, 1942

315 Ill. App. 130 (Ill. App. Ct. 1942)

42 N.E.2d 127

Opinion

Gen. No. 42,006. (Abstract of Decision.)

Opinion filed June 1, 1942

INSURANCE, § 311^_ — delivery of policy as waiver of prepayment. In an action on life policy on an infant by an assignee, there was testimony for plaintiff that the premiums were paid beyond the date of death of the insured, with no evidence to the contrary, and delivery of the policy was prima facie evidence that the premiums were paid, and delivery of the policy was a waiver of payments in advance.

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

Appeal from Municipal Court of Chicago; Hon. VICTOR A. KULA, presiding.

Affirmed. Heard in first division, first district, this court at December term, 1941.

Fithian, Spengler Finnegan, for appellant;

George S. Lavin, for appellee; Ira S. Kolb, of counsel.

Opinion by PRESIDING JUSTICE MCSURELY.

"Not to be published in full." Opinion filed June 1, 1942.