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If the premium is not paid by the end of this period, such insurance will end at that time. Griffith made his semi-annual premium payments from 1998 through 2006. Therefore, the contract was formed in Illinois, and Illinois law applies to its construction. The standard for review of the denial of a motion for reconsideration is abuse of discretion. The Policy could have been reinstated thereafter, as by its terms reinstatement was permitted within 90 days of the due date of the overdue premium (i.e., within 90 days after May 15, 2007). Therefore, the Policy was not reinstated and was not in force when Dr. This, Wilson argues, was a clear extension of the grace period. Wilson takes the position that the Policy lapsed on July 14, 2007.
Griffith was to complete the "APPLICATION FOR REINSTATEMENT OF COVERAGE" form and mail it together with the check for the overdue premium to AMAIA, and that the "forms must be received within the next 30 days." (Emphasis added.) Neither U. Life nor AMAIA as its agent could unilaterally alter the terms of the Policy, however. So, reinstatement did not require receipt by AMAIA of the overdue premium payment; it required, in accordance with the Policy language, "[p]ayment of all overdue premiums." (Emphasis added). Life argues that, for purposes of the "REINSTATEMENT" clause in the Policy, when "payment" was sought to be made by check, as it was here, "payment" means "negotiation." Thus, according to U. Life, payment of the overdue premium in this case could not have taken place until AMAIA actually had Dr.The "PREMIUM PAYMENTS" clause of the Policy states: "Payment can be made to United States Life at United States Life's Home Office or to our authorized agent." If "payment" is something that can be made to U. Life, at its home office, or to its agent, payment does not involve presentation of a check to a bank. ." and "[e]ach premium, after the first, must be paid up to 31 days after its due date" are phrases that focus on what the insured is to do, and have nothing to do with the insurer or its agent taking any action.The "PREMIUM PAYMENTS" language is inconsistent with payment meaning negotiation. US Life's assertion that payment means negotiation is thus at odds with the Policy's word usage. Life argues, "payment" as used in the Policy means "negotiation," either it or AMAIA would be the actor; and the time of payment would be taken out of the control of the insured.Bank of America documents in the summary judgment record show that a check for that amount "was sent to AMA Insurance Agency on [Wednesday] 07/25/07 and delivered on [Monday] 07/30/07." The check, bearing Dr. When that is the case, in determining which state's law controls the construction of a contract, we apply the doctrine of lex locus contractus. Also according to the "REINSTATEMENT" clause, "within 31 days after the end of the Grace Period," the Policy could be reinstated simply by paying the "overdue premium," without the need to submit evidence of insurability and obtain the approval of U. Thirty-one days thereafter fell on August 14, 2007.Griffith's "Authorized Signature," which appears to have been created electronically, was drawn on JP Morgan Chase Bank, N. As that date was one day past the 90-day limit, the last day to reinstate the Policy merely by paying the overdue premium was August 13, 2007.