Gulledge v. Atlantic Coast Life Ins. Co., 19179

• Citation: 255 S.C. 472,179 S.E.2d 605
• Decision Date: 01 March 1971
• Docket Number: No. 19179,19179
• Court: South Carolina Supreme Court
• Parties: Steve GULLEDGE, by his duly appointed Guardian ad Litem, Louise W. Gulledge, Respondent, v. ATLANTIC COAST LIFE INSURANCE COMPANY, Appellant.

Page 605

179 S.E.2d 605

255 S.C. 472

Steve GULLEDGE, by his duly appointed Guardian ad Litem Louise W. Gulledge, Respondent, v. ATLANTIC COAST LIFE INSURANCE COMPANY, Appellant.

No. 19179.

Supreme Court of South Carolina.

March 1, 1971.

James M. Herring, of Saleeby, Saleeby & Herring, Hartsville, for appellant.

C. R. Pusser, Jr., of Bell & Pusser, Chesterfield, for respondent.

LITTLEJOHN, Justice:

The defendant issued its accidental death insurance policy to Linda Faye Gulledge (also referred to as Linda Faye Gulledge Larrymore). She died April 9, 1967. The defendant refused to pay, and this action alleging accidental death was brought by her beneficiary.

The complaint alleges that Linda Faye Gulledge 'was killed by an automobile which death was the result of an accident and plaintiff is entitled to collect from the defendant the sum of Three Thousand and no/100 ($3000.00) Dollars plus interest under the terms of said policy.'

The answer alleges, first, that the death of the insured 'was not an accident within the meaning of the instant policy' and alleges secondly, that the 'death of Linda Faye Gulledge Larrymore resulted, at least in part, from her engaging in activities constituting a violation of statutory law, and that under paragraph No. 19 of the defendant's policy the contribution of such activities to her death bars the benefit of said policy.'

After all evidence had been submitted the trial judge directed a verdict in favor of the plaintiff, holding, in effect, that the only reasonable inference to be drawn from the whole of the testimony was that the insured died as a result of an accident within the terms of the policy, and that death did not result from a violation of statutory laws or municipal ordinances. We affirm that ruling. The facts giving rise to this action are not in dispute. Thomas Wilkerson and Mary Wilkerson were husband and wife. The insured, Linda Faye Gulledge, became remantically involved with Mr. Wilkerson. She had announced her intention to marry Mr. Wilkerson, and had on occasion telephoned Mrs. Wilkerson to apprise her of that fact.

On April 9, 1967, the insured was riding in her mother's automobile with a young man named Jackie Horne. They rode by the Wilkerson home. A short time thereafter they observed a car following them. It continued to follow them down a dirt road and pulled up along side; both cars stopped. Mrs. Wilkerson was in the other car; she got out and came over to the car where the insured and Jackie Horne were sitting. After talking a few minutes Mrs. Wilkerson got out of the car of the insured and went back to her own car, ostensibly to get and show the insured and Jackie a letter. Instead of returning with a letter she came back with a pistol and shot both of them. After they were shot, both got out of the car. Horne scuffled with Mrs. Wilkerson and took the gun, which he placed in his back pocket. A little later Mrs. Wilkerson grabbed the gun out of his pocket and shot both of them again. Both the injured parties ended up in the road. Mrs. Wilkerson got in her car and ran over both of them. Horne survived; it is agreed that the cause of the insured's death was being run over by the automobile.

We think the plaintiff made a prima facie case by proof of the existence of the insurance policy, and proof that the insured died as result of being run over by the...