Therefore, we have held that where the insurance company repeatedly accepted premiums ranging in tardiness from two to seventeen days, it would justify finding a waiver of the grace period until notice was given that such favor would no longer be extended. American Life Ins. Co. v. Claybough, 227 Ark. 946, 302 S.W.2d 545 (1957), and in accord, Universal Life Ins. Co. v. Bryant, 196 Ark. 1143, 121 S.W.2d 108 (1938). In the case at bar the insurance company had on one occasion accepted a premium payment (January, 1971) one day after the grace period.
The cases adhering to this rule do so either on the basis of waiver or estoppel, but the result is the same. See for example Forbes v. New England Mut. Life Ins. Co., 1 Cir., 92 F.2d 806; Vinther v. Sunset Mut. Life Ins. Co., 11 Cal.App.2d 118, 53 P.2d 182; Universal Life Ins. Co. v. Bryant, 196 Ark. 1143, 121 S.W.2d 108; Gleed v. Lincoln Nat. Life Ins. Co., 65 Cal.App.2d 213, 150 P.2d 484; Hebert v. Woodruff's Ins. Co., La. App., 19 So.2d 290; Haggerty v. Metropolitan Life Ins. Co., 131 Pa. Super. 87, 198 A. 822; Bryant v. Continental Life Ins. Co., 168 Va. 585, 192 S.E. 581; Blomquist v. Grays Harbor County Medical Serv. Corp., 48 Wn.2d 718, 296 P.2d 319; Inter-Ocean Insurance Co. v. Banks, 268 Ala. 25, 104 So.2d 836. If we assume, without deciding as heretofore indicated, the apparent authority of the Betts agency to accept delinquent payments, there can be no question that a habit or course of dealing had developed between the parties litigant requiring defendant to give notice within a reasonable time before insisting that the policy with respect to the payment of premiums be strictly adhered to. Our inquiry must therefore concern the sufficiency of the letter of May 25, 1954, as such notice.
Although the contract provides that premiums must be paid on their due date, without days of grace, it is shown that the company repeatedly accepted overdue payments, the delays ranging from two to seventeen days. By this conduct the insurer waived its right to insist, without notice, upon a strict compliance with the contract. Universal Life Ins. Co. v. Bryant, 196 Ark. 1143, 121 S.W.2d 108. At the trial the company introduced testimony tending to prove that it had voluntarily adopted a practice of allowing its policyholders fifteen days of grace in the payment of premiums. Claybough's rights, however, cannot be said to have been affected by this decision on the part of the insurer, for it is not contended that he was ever informed of it.