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Schaefer v. Peninsular Casualty Insurance

Court: Michigan Supreme Court
Date filed: 1934-04-03
Citations: 254 N.W. 139, 266 Mich. 386
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4 Citing Cases
Lead Opinion

The judgment is reversed, without a new trial.

The insured never paid the premium and never intended to pay. Repeated requests to pay were ignored and, on one occasion, met by a falsehood that a check had been sent. The policy recited an undertaking, in consideration of the payment of the premium. There was no occasion for defendant to declare the stillborn policy dead.

I cannot sanction recovery under the circumstances here disclosed.

POTTER, NORTH, FEAD, and BUTZEL, JJ., concurred with WIEST, J. *Page 397