Junker v. Fidelity & Deposit Co. 209 Ill. App. 313

William N. Junker, Appellee, v. Fidelity & Deposit Company of Maryland, Appellant.

Gen. No. 23,510. (Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Suimvan, Judge, presiding.

Heard in this court at the October term, 1917.

Reversed and judgment of nil capiat here.

Opinion filed January 28, 1918.

Statement of the Case.

Action by William N. Junker, plaintiff, against Fidelity & Deposit Company of Maryland, a corporation, defendant, to recover on an accident insurance policy issued by defendant to plaintiff. From a judgment for plaintiff for $23.45, defendant appeals.

*314Abstract of the Decision.

Insurance, § 187 * —what are rights as to return of earned premium upon cancellation of policy. The Insured under an insurance policy has no legal right to a return of that part of the premium paid which represents payment for a period .of time during which he was furnished the protection provided by the policy, where it was canceled in accordance with its provision that the" insurer might cancel it on notice and return of the unearned portion of the premium paid.

A stipulated statement of facts showed plaintiff paid defendant $74.25 as total premium on the policy issued April 13, 1916, which defendant canceled August 2, 1916, and returned to plaintiff its check for $51.46 with letter notifying him of the cancellation. The policy provided that defendant might cancel it at any time by written notice with cash or check for the unearned portion of the premium.

Mechem, Bangs & Harper, for appellant; B. M. Adams, Jr., of counsel.

No appearance for appellee.