{
  "id": 2221439,
  "name": "HELEN G. LINDLEY v. \u00c6TNA LIFE INSURANCE COMPANY",
  "name_abbreviation": "Lindley v. \u00c6tna Life Insurance",
  "decision_date": "1935-12-11",
  "docket_number": "",
  "first_page": "116",
  "last_page": "117",
  "citations": [
    {
      "type": "official",
      "cite": "209 N.C. 116"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 170,
    "char_count": 2300,
    "ocr_confidence": 0.466,
    "pagerank": {
      "raw": 2.2953148642385085e-07,
      "percentile": 0.7867526253461109
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    "sha256": "ffba2b7d3b5d214b7662189af35dd9583f63815c1446039516dd619655f14553",
    "simhash": "1:b88080af25c4e51b",
    "word_count": 372
  },
  "last_updated": "2023-07-14T22:34:31.527681+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HELEN G. LINDLEY v. \u00c6TNA LIFE INSURANCE COMPANY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nViewing the evidence in its most favorable light for the plaintiff, the accepted position on motion to nonsuit, it would seem that the policy, in express terms, precludes any recovery by plaintiff, as there was no reinstatement between 31 January and 10 June, 1933.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "H. S. King and Frazier \u25a0& Frazier for plaintiff.",
      "Sapp & Sapp for defendant."
    ],
    "corrections": "",
    "head_matter": "HELEN G. LINDLEY v. \u00c6TNA LIFE INSURANCE COMPANY.\n(Filed 11 December, 1935.)\nInsurance J b \u2014 Contention that course of dealing between parties waive prompt payment of premium held untenable under terms of policy.\nWhere an insurance policy specifically provides that acceptance of premiums by insurer\u2019s agents after due date should reinstate the policy only as to losses resulting after such reinstatement, plaintiff\u2019s contention that according to the course of dealing between insurer and insured, premiums were accepted and paid at the convenience of insured, and that insurer should accept payment of premium due prior to insured\u2019s death which plaintiff tendered subsequent to insured\u2019s death, is untenable, as there was no reinstatement of the policy prior to insured\u2019s death.\nAppeal by plaintiff from McElroy, J., at May Term, 1935, of Guilford.\nCivil action to recover on a policy of health and accident insurance.\nOn 31 January, 1916, the defendant issued to Paul O. Lindley an \u201cAccumulative Disability Policy,\u201d renewable from year to year upon payment of annual premium, with provision that in ease of death the policy shall be payable to plaintiff.\nThe renewal premium, due 31 January, 1933, was not paid or tendered until after the death by accident of the insured on 10 June, 1933.\nPlaintiff contends that by reason of the course of dealing between defendant\u2019s agent and the insured, the annual premiums were accepted and paid \u201cat the convenience\u201d of the insured.\nThe policy provides: \u201cIf default be made in the payment of the agreed premium for this policy, the subsequent acceptance of a premium by the company or by any of its duly authorized agents shall reinstate the policy, but only to cover accidental injury thereafter sustained and such sickness as may begin more than ten days after the date of such acceptance.\u201d\nFrom a judgment of nonsuit entered at the close of plaintiff\u2019s evidence she appeals, assigning errors.\nH. S. King and Frazier \u25a0& Frazier for plaintiff.\nSapp & Sapp for defendant."
  },
  "file_name": "0116-01",
  "first_page_order": 178,
  "last_page_order": 179
}