Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-17

4
Supreme Court of Appeals of Virginia.
November 16, 1899.
THE ONLY INDEBTEDNESS OF
THE ASSURED IN THIS CASE
WHICH COULD BE DEDUCTED
FROM THE AMOUNT OF HIS pol
ICY WAS SUCH AS HE WAS LA
BILE FOX WHEN IT MATURED.
SECTION 1852 OF THE CODE
SHOULD BE LITERALLY con,
STRUED. AND COVERS ANY
CLAUSE, EXPRESSION OR PRO
VISION IN ~ POLICY WHICH Az
FECTS THE RIGHTS AND LIABlL-
tiles OF THE INSURED.
UNDER THIS SECTION THE
WHOLE PROVISION MUST BE IN
WRITING OR IN TYPE OF THE
: PRESCRIBED SIZE TO AFFECT
THE POLICY.
This was a suit on a policy of insu-
rance. the amount of which was claim,
Ell by the insurance company TO he re-
duced by reason of Il clause in the Dol-
icy, or attached thereto, which was
printed In type smaller than long
primer. The lower court decided
"SaihSl TIC company, ana II appealed.
= The court says:
1t is conceded that the conditions and
agreements relied on are printed in typc
condemned by the statute as INSULT
cient.
1t is, however, contended that the
deferred premium" OF premium lien
now sought to be deducted, is Il part of
the Indebtedness due the association.
winch Is referred to on the face of tile
rNf ali. L.
ment. This position is not tenable. The
Indebtedness due the company" that
is referred To in the policy is obviously
an actual or real indebtedness that the
insured or beneficiary may he liable for
10 the company when the policy ma
lures.
It is further contended by the plain
TN IN error that the clause in cues
tion Is neither IL condition." nor n
restrictive provision" but an "agree-
mcnt. and therefore not affected by
the statute which requires such pro-
VISIONS TO be in type of prescribed
size. The statute was designed to
supply remedy for an existing evil
and is not TO be frittered away by
ana agreements" 1t should rather
receive liberal construction in order
TO fully accomplish the wise and mani
fest purpose of its enactment 1t is
obvious that the terms conditions"
and restrictive provisions" contained
IN the statute were not meant in any
narrow or technical sense: but were
intended 10 cover any clause, express
sion or provision, included in or APP
pended to n policy, whereby the effect
or the principal and essential part of
the policy is modified, changed, re-
stricted, or otherwise affected, so as
10 materially influence the rights ana
Liabilities of the insured thereunder:
and to make such clause or provision
OF no effect as defense unless it be
printed in type Of the size prescribed
The third and last contention is that
ihasmuch rs the statute provides that
the provision relied on may be either
IN writing, or type OF the prescribed
size: and nasmuch rs the figures
lll0.Oo." denoting the amount OF the
deferred premiums. claimed as Il credit.
are inserted I'm the provision with pen
and ink that this relieves the whole
clause from the operation of tho
statute. This same argument would
serve with equal force If the ohnox-
ious provision had inserted somewhere
in 1t, only one word, letter. or figure
with pen and ink The terms Of the
S1zrtute are IJttuiU and its object equally
clear. To give it the narrow construc-
ton contendcd for would practically
destroy its value. The provision re-
lied on must be in writing or i'm tyne
of Il prescribed size. and this require
men, cannot he satisfied by inserting
figure, letter, word, or even II SEN
tence with pen and ink. The whole
provision relied on must he in writing.
or tyne of the prescribed size, or it
cannot be awaited of rs defence to
any action on the policy. Affirmed.