Summary

Nederland Life Insurance Company v…

It is most unreasonable to hold that a statement of the consequence of the failure to pay the premium when due, mistakenly attributed in the notice to a provision in the policy, should be held fatal, when the same statement, without attributing it to a provision in the policy, would be a fulfilment of the requirements of the statute. In either case there would be an error as to the time of forfeiture, but there would also be a correct statement, in the very words of the statute, of the time the premium was payable, its amount, and where it could be paid.
Source: Wikisource

Nederland Life Insurance Company v…

In such case to assume that an injury might follow is, as we think, to assume an ignorance or carelessness on the part of the assured which is unreasonable as well as improbable. A spark of intelligence on the part of the assured would prompt him to refer to his policy, and he would then see the mistake of fact made in the notice as to the length of the time he had in which to pay in order to prevent a forfeiture.
Source: Wikisource

Nederland Life Insurance Company v…

Of that day he had the ample notice provided in the statute. It is scarcely possible to imagine any injury resulting from this error, although extraordinary and wonderful things do sometimes occur. Courts, however, cannot proceed upon the theory that policy holders are non compotes mentis, and that the natural result of such a mistake of fact upon a person of ordinary intelligence cannot be assumed in the case of a holder of a policy of insurance.
Source: Wikisource

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