INSURANCE-CONSUMMATION OF THE CONTRACT-DELIVERY OF THE POLICY

An application for life insurance was accepted, and a policy issued, mailed to, and received by the agent of the insurer. The application provided that the policy would not take effect until "manual" delivery thereof. The agent made several unsuccessful attempts to deliver the policy, but before any physical transmission of the policy, the insured died. The beneficiaries sued to recover the amount of the policy.

The trial court gave judgment for the defendant insurance company. On appeal, held, affirmed. Manual delivery was a valid condition precedent. There having been no manual transmission to the insured, and the plaintiffs having failed to sustain the burden of showing that delivery to the agent of the insurer amounted to delivery to the insured, the policy never became effective.

Smith v. Rio Grande Nat. Life Ins. Co., (Tex. Civ. App. 1950) 227 S.W. (2d) 579.