Is a statement made by the insured, when requested to pay the premium due upon the policy, that he does not intend to keep the policy in force, valid?
MultiRegion, United States of America
The following excerpt is from Mutual Life Ins. Co. of New York v. Hill, 97 F. 263 (9th Cir. 1899):
In Society v. Nixon, as in this case, it was contended that the statement made by the insured, when requested to pay the premium due upon the policy, that he did not intend to keep the policy in force, amounted in law to a waiver on the part of both the insured and the company, of the notice required to be given by the statute of New York. Replying to this contention, the court said:
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