On Motion for Rehearing
The court has considered the grounds urged by the appellee in her motion for rehearing and, although finding no basis for granting the motion, considers it appropriate to comment on the argument advanced on page thirteen thereof wherein reference is made to Exhibit 1 (insurance policy).
Examination of said exhibit reveals that, contrary to appellee’s contention, the insurance policy does contain a provision for forfeiture in the event of non-payment of premium :
“After the named insured has been continuously insured hereunder for sixty days, as to each coverage so carried, the company agrees:
(1) to continue such coverage in force . until the expiration of the current policy period, * *
* * * * * Hi
“These agreements shall be void and of no effect:
(a) if the premium for the policy is not paid when due.” (Page 9, insurance policy)
Since the insurance policy provided for forfeiture no further action by the insurer was required. See: 6 Couch on Insurance-2d Sec. 32:65 et seq.
It is therefore ordered that the motion, for rehearing be, and it hereby is, denied.