Aetna Life Ins. Co. v. Catchings, 7289.

Decision Date27 March 1935
Docket NumberNo. 7289.,7289.
Citation75 F.2d 628
PartiesÆTNA LIFE INS. CO. v. CATCHINGS.
CourtU.S. Court of Appeals — Fifth Circuit

Joseph W. Moore, of Houston, Tex., for appellant.

L. W. Morris, of Houston, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought suit as beneficiary to recover on two certificates of life insurance issued under a policy of group insurance covering the skilled employees of the Humphreys Corporation and recovered judgment for $3,500. Error is assigned to the direction of a verdict for plaintiff and the denial of a like motion on behalf of defendant.

It appears that appellant issued a group policy of life insurance to the Humphreys Corporation covering its skilled employees but not common laborers. Madison C. Catchings was employed by the Humphreys Corporation as a driller, classed as a skilled employee, and was given a certificate of insurance under the group insurance policy for $1,500. The premium on this policy was paid annually in advance by the employer. Under the provisions of the group policy, he was entitled to take out additional life insurance up to $2,000, and did so, and a certificate was issued to him. Premiums for the additional insurance were paid for the insured monthly by the employer by deducting it from his pay checks and remitting to the insurance company. The policy provided that the employee was covered only while he retained his status as an employee, but, if temporarily laid off or granted a leave of absence, he was covered until such time as the employer notified the insurance company to cancel the insurance.

The policy contained provisions making it incontestable after one year and granting 31 days of grace for the payment of premiums. It also provided that, if the employment of the insured terminated for any reason, he was entitled to receive a converted policy upon any of the nonparticipating forms customarily issued by the insurance company, except term insurance, in the amount of his protection at the time his employment terminated, without further evidence of insurability, but the policy further provided that the converted policy required payment of premiums applicable to the class of risk to which the employee belonged at his then attained age, and that written application for the converted policy should be made by the employee, and the first premium paid, within 31 days following the termination of...

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14 cases
  • Adkins v. Aetna Life Ins. Co., (No. 9898)
    • United States
    • West Virginia Supreme Court
    • June 24, 1947
    ...C. 124, 25 S. E. 2d 398, 147 A. L. R. 283; Bradley v. Prudential Life Ins. Co. (C. C. A. 9th), 70 Fed. 2d 988; Aetna Life Ins. Co. v. Catchings (C. C. A. 5th), 75 Fed. 2d 628. The extended insurance provision of the policy, referred to in the foregoing termination of insurance clause, does ......
  • Nick v. Travelers Ins. Co.
    • United States
    • Missouri Supreme Court
    • September 4, 1945
    ...Davis v. Metropolitan, 161 Tenn. 655, 32 S.W.2d 1034; Kimball v. Travelers, 10 So.2d 728; Baker v. Prudential, 279 Ill.App. 5; Aetna v. Catchings, 75 F.2d 628; Lewis v. Connecticut General, 94 S.W.2d 499; Miller v. Travelers, 17 A.2d 907; Szymanski v. John Hancock, 304 Mich. 483, 8 N.W.2d 1......
  • Adkins v. Aetna Life Ins. Co.
    • United States
    • West Virginia Supreme Court
    • June 24, 1947
    ... ... 124, 25 S.E.2d 398, 147 A.L.R. 283; ... Bradley v. Prudential Life Ins. Co., 9 Cir., 70 F.2d ... 988; Aetna Life Ins. Co. v. Catchings, 5 Cir., 75 ... F.2d 628. The extended insurance provision of the policy, ... referred to in the foregoing termination of insurance clause, ... ...
  • Wells v. Wilbur B. Driver Co.
    • United States
    • New Jersey Superior Court
    • October 24, 1972
    ...E.g., Juhl v. John Hancock Mut. Life Ins. Co., 107 Cal.App.2d 188, 236 P.2d 628, 629 (D.Ct.App.1951). See Aetna Life Ins. Co. v. Catchings, 75 F.2d 628, 629 (5 Cir. 1935); Couch on Insurance 2d, § 82.93 at 1049 (1968); Annotation, Termination or change in employment as affecting group insur......
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