Beard v. North State Life Ins. Co.

Decision Date15 March 1916
Docket Number9335.
PartiesBEARD v. NORTH STATE LIFE INS. CO.
CourtSouth Carolina Supreme Court

Appeal from Common Pleas Circuit Court of Richland County; John S Wilson, Judge.

Action by Alice S. Beard against the North State Life Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Weston & Aycock, of Columbia, for appellant.

D. W Robinson, of Columbia, for respondent.

FRASER J.

Mr. Horace Beard was an agent for the appellant life insurance company, and took out a policy on his own life dated May 31, 1912. Mr. Beard was absent from home working for the company in August, when an installment was due, and it was not paid at that time. In December, 1912, the policy was reinstated by the company upon a certificate of health and the payment of back dues. The original policy was lost and a "duplicate" policy was issued in December, 1912. On the 19th of June, 1914, Mr. Beard died. The case states:

"There being no dispute that the premium on the said policy was fully paid at the time of Mr. Beard's death."

The company refused payment and this action was brought on the policy. The company answered, setting up fraud in the application for the policy and in the certificate of health upon which the policy was reinstated.

The appellant claims that it had at least two years from the date of the policy in which to set up fraud, and that the policy must be considered as bearing date from its reinstatement in December, 1912, and not from the date of the original policy in May, 1912. The company offered to prove the fraud. Under plaintiff's objection, that the time to prove fraud had expired, the proof was rejected.

A verdict was ordered for the plaintiff, and from the judgment on this verdict, the company appeals. The first exception questions this ruling.

I. Our statute is as follows:

"Sec. 2722. When Right to Dispute Truth of Application is Waived.--All life insurance companies that shall receive the premium on any policy for the space of two years shall be deemed and taken to have waived any right they may have had to dispute the truth of the application for insurance, or that the assured person had made false representations, and the said application and representations shall be deemed and taken to be true."

It will be observed our statute said nothing about the date or age of the policy. The language refers solely to the receipt of the premium on life insurance. Companies that shall receive the premium on any policy for the space of two years shall be deemed and taken to have waived any right they may have had to dispute the truth, etc. The case states that the company had received the premium for the two years. Under the express terms of the statute, the...

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5 cases
  • Henderson v. Life Ins. Co. of Va.
    • United States
    • South Carolina Supreme Court
    • March 11, 1935
    ... ... under and by virtue of the laws of the state of Virginia, ... engaged in the business of writing life insurance [176 S.C ... 102] and as such ... 1916C, 706; McKendree v. Sou ... States Life Ins. Co., 112 S.C. 335, 99 S.E. 806; ... Beard v. North State Life Ins. Co., 104 S.C. 45, 88 ... S.E. 285; Weeks v. N.Y. Life Ins. Co., 128 ... ...
  • Weston v. Metropolitan Life Ins. Co.
    • United States
    • South Carolina Supreme Court
    • February 28, 1945
    ... ... companies doing a life insurance business in the State of ... South Carolina are hereby authorized to institute proceedings ... to vacate policies on ... during the lifetime of the insured and payment of premiums ... (Beard v. North State Life Insurance Co., 104 S.C ... 45, 88 S.E. 285), but that provision is also ... ...
  • Love v. Prudential Ins. Co. of America
    • United States
    • South Carolina Supreme Court
    • October 10, 1934
    ... ... conduct of a health and life insurance business in the state ... of South Carolina, subject to the ... section and the case of Beard v. North State Life ... Insurance Company, 104 S.C. 45, 88 S.E. 285, ... ...
  • Altman v. Standard Mut. Life Ins. Co.
    • United States
    • South Carolina Supreme Court
    • January 15, 1944
    ... ... 20, 22, 124 C.C.A. 154, 46 ... L.R.A., N.S., 1057 ...          And see ... Beard v. North State Life Ins. Co., 104 S.C. 45, 88 ... S.E. 285, and Annotation, 6 A.L.R. 452 ... ...
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