the payment of the premium. Neither is it any excuse that the assured has received no notice from the company, reminding him that the premium is falling due. Such a notice, commonly termed the renewal notice, is customary, but the company is under no obligation to send it. 8. A third condition, often incorporated with the last, relates to the revival of the policy within a limited term after the time of an omission to pay the premium, which is generally done upon proof of good health, and the payment of a moderate fine to the company. The following is a specimen of such a condition: "Policies will not be considered to be in force beyond thirty days after the expiration of the year, unless the premium then due shall have been actually paid at the office of the society in London, on the receipt of two directors. But should proof be given *to the satisfaction of the directors that the party or parties whose life or lives hath or have been insured, continue in good [ *67] health, the policies may be revived at any period within six months, on the payment of a fine, to be fixed by a board of directors, not exceeding ten shillings per cent. on the sum assured; or at any period within thirteen months, on the payment of such fine as a board of directors may think reasonable." 9. A fourth condition relates to travelling by sea, and varies very much in different policies. In some it avoids the policy if the assured "shall die upon the high seas, unless license be obtained from the court of directors."(u) In others, if he "shall die upon the high seas unless in passing direct from one part of the United Kingdom to another, or in passing during peace from any part of Europe to any other part of Europe without previous license from the directors to go upon the seas."(v) In others, if he "shall die on the high seas, except in passing from one part of the United Kingdom of Great Britain and Ireland to another, or from or to any part of the United Kingdom of Great Britain and Ireland, to or from any of the Islands of Guernsey, Jersey, Alderney, Sark, and Man, or from any one of the same islands to any other of them, or from or to Madeira; and also in time of peace from any part of Europe to any other part of Europe; but the foregoing exception is not to extend to persons who, at the time of death on the high seas, shall be employed in a seafaring capacity, unless in each case permission shall have been granted by the directors; which may be obtained on such parties giving every requisite explanation, and paying an extra premium to be settled by the directors."(w) In others, or "if without the consent of the directors for the time being, he shall engage in the preventive service or any seafaring occupation, or shall go upon the sea in a vessel not decked or seaworthy, *or shall proceed to any part of the globe within thirty-three de- [68] grees of the equator."(x) In these conditions the most obvious distinction is, that in one class the policy is avoided in the event of going on the high seas: in the other, in the event only of dying while on them. The distinction is important, as such a condition would be strictly construed. Any going on the high (t) The Law Life Office conditions. (u) The Equitable. (v) The Rock. seas, therefore, although attended by no evil result, would in the one case avoid the policy, while in the other the assured is made his own insurer as to maritime risks, and during the term of the voyage as to all other risks, but on its termination the insurance by the policy revives if unaffected by any other condition. 10. A fifth condition is, if the assured "shall go beyond the limits of Europe;"(y) or again, "shall go beyond the limits of Europe, except to Madeira ;"() or in other companies, "if he shall proceed to Australia or to any place distant less than thirty-three degrees from the equator, or voyage within that limit;"(a) or again, "shall proceed to any part of the globe within thirty-three degrees of the equator, or during actual warfare shall go beyond the limits of Europe."(b) 11. A sixth condition is, "if the assured shall enter into any military or naval service without previous license from the directors ;"(c) or, "if he shall, without the consent of the directors for the time being, engage in the preventive service or any seafaring occupation, or during actual warfare shall engage in any military or naval service whatsoever; (d) or, "if he shall become a seafaring person, or engage in active naval or military service, (e) or being or becoming a military or naval man, shall be called into actual service without permission from the directors."(ƒ) *The two last conditions are inserted to guard the insurers against [*69] risks not contemplated in the original contract, or covered by the stipulated premiums received, and they will be also strictly construed ;(g) but it is usual to grant permission to the assured to undergo such risks upon the payment of an equivalent additional premium. As, moreover, where policies are effected on the lives of nominees, or where own life policies have been sold, it will often happen that the persons beneficially interested not only have no control over, but may not be even cognizant of the movements of the person whose life has been assured, it is not unusual to add a further stipulation that "if the person whose life is assured go beyond the limits allowed, or become a seafaring person, or engage in active military or naval service, before the fact has been communicated to the directors, the policy shall not become void if the party interested make the communication as soon as the fact comes to his knowledge, and pay the additional premium which would have been required if the fact had been known at the time it had occured." Such a provision appears to meet the justice of the case, and it is believed will always be readily added by indorsement, when it does not actually form one of the printed conditions of the policy. 12. A seventh condition is, "if he shall commit suicide, or die by duelling, or the hands of justice, or shall die by his own hands, or by the hands of justice;"(h) or, again, "if he shall die by his own hands, being at the time sane or insane, by duelling, or by the hands of justice ;(i) or, again, "shall die by his own act, whether sane or insane, or by duel (y) The Equitable; The Rock. (z) The Law. (c) The Rock. The Law. (i) The Equitable. (a) The Legal and General. (b) The Eagle. (d) The Eagle. (e) The Legal and General. (g) Vyse v. Wakefield, 6 M. & W. 442. (h) The Rock. ling, or by the hands of justice, (%) or shall be convicted of felony ;"(7) or, again, "provided always that the person whose life is hereby assured, being also at the time the party interested in this insurance, *do [*70] not commit suicide;" with the further condition, "In case of suicide by the person whose life is insured, and who is also the party entitled to the benefit of the policy, the whole of the premiums will be returned;"(m) or, again, "Assurances made by persons on their own lives, who shall die by duelling, or by their own hands, or by the hands justice, will become void, so far as respects such persons; but shall remain in force so far as any other person or persons shall then have a bona fide interest therein, acquired by assignment or by legal or equitable lien, upon due proof of the extent of such interest being made to the directors. And if any person assured upon his own life, and who shall have been so assured for at least five years, shall die by his own hands, and not felo de se, the directors shall be at liberty, if they shall think proper, to pay for the benefit of his family any sum not exceeding what the society would have paid for the purchase of his interest in the policy, if it had been surrendered to the society on the day previous to his decease; provided that the interest in such assurance shall be in the assured, or in any trustee or trustees for him or for his wife or children, at the time of his decease."(n) The effect of the additions of the words "or shall be convicted of felony," would be to prevent the policy vesting in the crown in that event. It would leave the directors of the company at liberty to apply the value of it, if they thought fit, in favour of the wife or family of the felon. 13. Where death is caused by the felonious act of the assured, as when he dies by the hands of justice, by duelling, or felo de se, public policy avoids the contract. Thus in Fauntleroy's case, an insurance by him on his own life was deemed void in consequence of his subsequently committing a felony, for which he suffered death. The policy had been sustained at the Rolls, but upon appeal to the House of Lords [71] the decree was reversed, upon the advice of Lord Lyndhurst, C. He thought that an insurance expressly against the event would be void, and therefore effect could not be given to a general policy, upon an event which, if expressed in terms, would have rendered the policy, as far as the condition went, at least, absolutely void.(0) A stipulation to uphold a policy in any such case would, it is said, be contrary to sound policy, as taking away one of the restraints operating on the minds of men against the commission of crimes, by the interest which they have in the welfare and prosperity of their connections; nay, more, it would render those natural affections which make every man desirous of providing for his family, an inducement to crime; for the case may be well supposed of a person insuring his life for that purpose, with the intention of committing suicide. For a policy, moreover, to remain in force when death arose from any such cause, would be a fraud (k) The Eagle. (m) The Legal and General. (2) The Norwich Union. (0) Amicable Society v. Bolland, 4 Bligh, N. S. 194, 2 Dow. & Cla. 1. In the Court below, Bolland v. Disney, 3 Russ. 351. seas, therefore, although attended by no evil result, would in the one case avoid the policy, while in the other the assured is made his own insurer as to maritime risks, and during the term of the voyage as to all other risks, but on its termination the insurance by the policy revives if unaffected by any other condition. 10. A fifth condition is, if the assured "shall go beyond the limits of Europe;"(y) or again, "shall go beyond the limits of Europe, except to Madeira"() or in other companies, "if he shall proceed to Australia or to any place distant less than thirty-three degrees from the equator, or voyage within that limit;"(a) or again, "shall proceed to any part of the globe within thirty-three degrees of the equator, or during actual warfare shall go beyond the limits of Europe."(b) 11. A sixth condition is, "if the assured shall enter into any military or naval service without previous license from the directors ;"(c) or, "if he shall, without the consent of the directors for the time being, engage in the preventive service or any seafaring occupation, or during actual warfare shall engage in any military or naval service whatsoever; (d) or, "if he shall become a seafaring person, or engage in active naval or military service, (e) or being or becoming a military or naval man, shall be called into actual service without permission from the directors."(ƒ) *The two last conditions are inserted to guard the insurers against [*69] risks not contemplated in the original contract, or covered by the stipulated premiums received, and they will be also strictly construed ;(9) but it is usual to grant permission to the assured to undergo such risks upon the payment of an equivalent additional premium. As, moreover, where policies are effected on the lives of nominees, or where own life policies have been sold, it will often happen that the persons beneficially interested not only have no control over, but may not be even cognizant of the movements of the person whose life has been assured, it is not unusual to add a further stipulation that "if the person whose life is assured go beyond the limits allowed, or become a seafaring person, or engage in active military or naval service, before the fact has been communicated to the directors, the policy shall not become void if the party interested make the communication as soon as the fact comes to his knowledge, and pay the additional premium which would have been required if the fact had been known at the time it had occured." Such a provision appears to meet the justice of the case, and it is believed will always be readily added by indorsement, when it does not actually form one of the printed conditions of the policy. 12. A seventh condition is, "if he shall commit suicide, or die by duelling, or the hands of justice, or shall die by his own hands, or by the hands of justice;"(h) or, again, "if he shall die by his own hands, being at the time sane or insane, by duelling, or by the hands of justice;(i) or, again, "shall die by his own act, whether sane or insane, or by duel (y) The Equitable; The Rock. (z) The Law. (a) The Legal and General. (b) The Eagle. (e) The Legal and General. (g) Vyse v. Wakefield, 6 M. & W. 442. (h) The Rock. ling, or by the hands of justice,() or shall be convicted of felony ;"() or, again, "provided always that the person whose life is hereby assured, being also at the time the party interested in this insurance, *do not commit suicide;" with the further condition, "In case of [*70] suicide by the person whose life is insured, and who is also the party entitled to the benefit of the policy, the whole of the premiums will be returned;"(m) or, again, "Assurances made by persons on their own lives, who shall die by duelling, or by their own hands, or by the hands justice, will become void, so far as respects such persons; but shall remain in force so far as any other person or persons shall then have a bona fide interest therein, acquired by assignment or by legal or equitable lien, upon due proof of the extent of such interest being made to the directors. And if any person assured upon his own life, and who shall have been so assured for at least five years, shall die by his own hands, and not felo de se, the directors shall be at liberty, if they shall think proper, to pay for the benefit of his family any sum not exceeding what the society would have paid for the purchase of his interest in the policy, if it had been surrendered to the society on the day previous to his decease; provided that the interest in such assurance shall be in the assured, or in any trustee or trustees for him or for his wife or children, at the time of his decease."(n) The effect of the additions of the words "or shall be convicted of felony," would be to prevent the policy vesting in the crown in that event. It would leave the directors of the company at liberty to apply the value of it, if they thought fit, in favour of the wife or family of the felon. 13. Where death is caused by the felonious act of the assured, as when he dies by the hands of justice, by duelling, or felo de se, public policy avoids the contract. Thus in Fauntleroy's case, an insurance by him on his own life was deemed void in consequence of his subsequently committing a felony, for which he suffered death. The policy had been sustained at the Rolls, but upon appeal to the House of Lords [ *71] the decree was reversed, upon the advice of Lord Lyndhurst, C. He thought that an insurance expressly against the event would be void, and therefore effect could not be given to a general policy, upon an event which, if expressed in terms, would have rendered the policy, as far as the condition went, at least, absolutely void.(0) A stipulation to uphold a policy in any such case would, it is said, be contrary to sound policy, as taking away one of the restraints operating on the minds of men against the commission of crimes, by the interest which they have in the welfare and prosperity of their connections; nay, more, it would render those natural affections which make every man desirous of providing for his family, an inducement to crime; for the case may be well supposed of a person insuring his life for that purpose, with the intention of committing suicide. For a policy, moreover, to remain in force when death arose from any such cause, would be a fraud (k) The Eagle. (m) The Legal and General. (2) The Norwich Union. (0) Amicable Society v. Bolland, 4 Bligh, N. S. 194, 2 Dow. & Cla. 1. In the Court below, Bolland v. Disney, 3 Russ. 351. |