Peters v. Farmer's Mut. Fire Ins. Co.

1 Citing case

  1. Strong v. Hercules Life Ins. Co.

    284 Mich. 573 (Mich. 1938)   Cited 7 times
    Noting burden is on plaintiff to produce proof of the existence of the policy

    Since the policy did not require notice of forfeiture in case of lapse, it could be forfeited without giving such notice. Peters v. Farmer's Mutual Fire Ins. Co. of Wayne Monroe Counties, 274 Mich. 37; Johnson v. National Life Accident Ins. Co., 257 Mich. 335. Plaintiff contends that the cash surrender value was sufficient to prevent a lapse even if the premium was not paid; that the cash surrender value would be exhausted only if the amount of the loan was deducted therefrom; and that the loan could not be thus deducted without giving 30 days' notice. However, the policy expressly provides for deduction of the loans from the cash surrender value in case of nonpayment of premiums and does not require notice thereof.