Allstate Life Ins. Co. v. Weldon
| Citation | 213 So.2d 15 |
| Decision Date | 23 July 1968 |
| Docket Number | No. 67--883,67--883 |
| Parties | ALLSTATE LIFE INSURANCE CO., Appellant. v. Lovena WELDON, Administratrix of the Estate of Virgil Weldon, Deceased, Appellee. |
| Court | Court of Appeal of Florida (US) |
Stephens, Demos, Magill & Thornton, Miami, for appellant.
Manners & Amoon, Miami, for appellee.
Before PEARSON, HENDRY and SWANN, JJ.
This is an appeal by the defendant below, Allstate Life Insurance Co., from a final judgment in favor of the plaintiff's awarding recovery of $2800.00 plus costs and.$1000.00 attorney's fees.
The plaintiff below was Lovena Weldon, administratrix of the state of Virgil Weldon, deceased. In 1965, Virgil Weldon, as buyer, executed a retail installment sales contract for the purchase of a new Mercury Comet automobile. As a part of the purchase price, he was charged $28.38 for credit life insurance. The insurance provided was a policy of group credit life insurance issued to Ford Motor Credit Company as policy holder by the appellant, Allstate Life Insurance Co. The insurance application contained the following paragraph:
'The person signing below upon whose life such insurance is to be provided, in order to induce Allstate Life Insurance Company to effect such insurance hereby declares that to the best of his knowledge and belief he is now in good health. * * *'
The application was signed and submitted by Weldon at the time the sales contract was executed, that is, on May 4, 1965.
The record on appeal contains evidence to show that between April 11 and April 29, 1965, Virgil Weldon was hospitalized due to a heart condition; that on April 29, he was released from the hospital and he returned to his normal activities, including his job; and that subsequent to his release, he continued under the care of his physician, who prescribed certain medication which Weldon took continuously. On July 19, 1965 Virgil Weldon succumbed to a condition described as 'arteriosclerotic heart disease'.
Allstate Life Insurance Co. denied a claim under the credit life policy and returned the $28.38 premium to Mrs. Weldon. The automobile in question having been repossessed by Ford Motor Credit Company, Mrs. Weldon, as administratrix of her deceased husband's estate, filed suit in the Civil Court of Record to recover the proceeds of the policy. From a judgment in favor of the plaintiff, Allstate Life insurance Co. appeals.
Appellant raises the contention that since it was a condition precedent to the policy becoming effective that the insured be in good health and since Weldon misrepresented the state of his health in the application, there can be no coverage under the policy. We must reject this contention. The judgment appealed is based upon a jury verdict which is entitled on appeal to all inferences in its favor. Viewing the evidence contained in the record in the light most favorable to the appellee, we can not say that there was not substantial competent evidence upon which the jury as reasonable men could have based their verdict Midstate Hauling Co. v. Fowler Fla.1965, 176 So.2d 87; Booker v. Lima, Fla.App.1966, 182 So.2d 642; Bowser v. Harder, Fla.App.1957, 98 So.2d 752. There is undisputed evidence that Weldon resumed full time employment and carried on other normal activities subsequent to his release from the hospital, and upon several occasions, he even worked overtime. From this and from other evidence adduced, the jury quite possibly could have concluded that Virgil Weldon believed himself to be in good health at the time he made application for the credit life insurance. Such a belief was all that was required in the application provisions. Consequently, this Court will not substitute its judgment for that of the jury.
Appellant further contends that Lovena Weldon, as administratrix of the estate of her deceased husband, is not the proper party to bring the instant suit. In support of its contention in this regard, appellant argues that, under the terms of the policy, Ford Motor Credit Company was the named policyholder; that the insured, Weldon, was not a policyholder and hence had no right to assign the policy or to designate beneficiaries; and that according to § 627.0402(4), Fla.Stat., F.S.A., the proceeds of group credit life insurance policies 'shall be payable to the policyholder',...
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