Vinther v. Sunset Mutual Life Insurance Co.

ROTH, J.,

pro

tem.

Plaintiffs and respondents are the children of Claude A. Yinther, now deceased. Said deceased on December 11,1930, entered into a contract with defendant, insuring himself against sickness and accident, in consideration for which policy of insurance, deceased paid quarterly premiums in a stipulated amount. The contract of insurance by its express terms provided that the next quarterly premium due immediately subsequent to the issuance of the contract was March 15, 1931, and was payable quarterly thereafter. Deceased was killed in an accident at Red Bluff, California, on July 9, 1933. On July 8, 1933, the day prior to his death, deceased had mailed to defendant from the postoffice at Proberta, California, the quarterly payment which had become due on June 15, 1933. From the date of the issuance of the

[120]

policy until the final premium was paid, premiums became due and were paid as follows:

“Due date as fixed by policy Date paid Days Late.

December 11,1930 December 11,1930 0

March 15, 1931 March 23, 1931 8

June 15, 1931 June 26, 1931 11

September 15, 1931 October 1, 1931 15

December 15, 1931 January 23,1932 38

March 15, 1932 March 19, 1932 4

June 15, 1932 July 1, 1932 15

September 15, 1932 September 23, 1932 8

December 15,1932 January 6, 1933 21

March 15, 1933 April 5, 1933 20

June 15,1933 July 8, 1933 23”

It will be observed from the foregoing compilation that premium payments, with the exception of the first, were never made as required by the policy, but were made and

accepted