Mills v. New York Life Insurance

Devin, J. Tbe company admits tbe payment of tbe first semiannual premium, but without tbis admission payment to tbe soliciting agent Blomberg would constitute payment to tbe company by virtue of C. S., 6304. But tbe payment to Blomberg of tbe amount of a later premium, becoming due thereafter, would not constitute payment to tbe company. Thompson v. Assurance Society, 199 N. C., 59. There is no evidence tbe company ever received any part of it, nor is it contended tbe payment was made in exchange for tbe official premium receipt required by tbe insurance contract, and tbe note given for part of tbe premium was on its face made payable to tbe company in Charlotte. Plaintiff testified be later paid tbis note to Blomberg but without requiring tbe production of tbe note or tbe premium receipt. Tbe case of Hughes v. Lewis, 203 N. C., 775, is not in conflict with tbe rule laid down in Thompson v. Assurance Society, supra. In *298 Hughes v. Lewis, supra, the facts were the reverse of those in the case at bar. There the insurance company, in attempting to refund to the insured the unearned portion of a premium, paid it to a local agent, who did not pay all of it to the insured, and it was held the company was liable to the insured for the unpaid portion. Plaintiff has suffered a regrettable loss, but fault therefor may not, in law, be laid at the door of defendant insurance company. Affirmed.