A condition in a policy of life insurance provided that if any premium, or note, etc., given therefor, was not paid when due the policy should be void.
Held, affirming the decision of the Court of Appeal, that where a note given for a premium under said policy was partly paid when due and renewed, and the renewal was overdue and unpaid at the death of the assured, the policy was void.
Held further, that a demand for payment after the maturity of the renewal was not a waiver of the breach of the condition so as to keep the policy in force.
APPEAL from a decision of the Court of Appeal for Ontario (1), reversing the judgment of the Divisional Court (2) and restoring that of Street J. at the trial by which the plaintiff's action was dismissed.
The plaintiff was the widow of one Robert McGeachie who was insured with the defendant company in the sum of $1000. The action was brought to recover that amount and interest.
The facts of the case are not in dispute. The policy of insurance upon the life of Robert McGeachie was issued by the defendants on the 6th day of December, 1889, and he died on the 6th day of November following (1890).
The amount of the insurance premium :-Fournier, Taschereau, Gwynne, Sedgewick and King JJ.