Applegate v. Travelers Insurance Company of Hartford Conn.
| Decision Date | 10 November 1910 |
| Citation | 132 S.W. 2,153 Mo.App. 63 |
| Parties | MARY L. APPLEGATE, Respondent, v. TRAVELERS INSURANCE COMPANY OF HARTFORD CONN., Appellant |
| Court | Missouri Court of Appeals |
Reargued and Submitted October 24, 1910 [Copyrighted Material Omitted]
Appeal from St. Louis City Circuit Court.--Hon. Hugo Muench, Judge.
AFFIRMED.
STATEMENT.--The plaintiff in this cause, respondent here, brought her action against the defendant, appellant here, stating as a cause of action that she was the wife of one Oliver H. Applegate, and that the defendant is a corporation created, organized and existing under and by virtue of the laws of the State of Connecticut, but engaged in the business of selling contracts in life insurance in the State of Missouri and having its office in the city of St. Louis. That in consideration of the payment to it by Oliver H. Applegate of fifteen dollars defendant executed and delivered its policy of insurance in writing, whereby it insured the life of Applegate in the sum of three thousand dollars, for the benefit of his wife plaintiff, for a term of twelve months from the 23d of March 1904, with the privilege of renewing the policy from year to year on the payment by Applegate at each renewal of the sum of fifteen dollars; that according to the terms of the policy of insurance, defendant agreed to pay plaintiff, in event of the death of Oliver H. Applegate, four hundred and fifty dollars in addition to the principal sum of three thousand dollars, provided the policy of insurance was renewed for three consecutive years after the first period of twelve months; that Oliver H. Applegate renewed the policy for a period of three years by the payment to the defendant of the sum of fifteen dollars for each renewal period of one year, as aforesaid. It is further averred in the petition that the defendant, through its policy, stipulated and agreed with Oliver H. Applegate, hereafter called the insured, that in event of the death of the insured from bodily injuries effected through external, violent, and accidental means, within ninety days from the date of the injuries, it would pay to the plaintiff the sum of $ 3450, provided the death occurred during the third renewal period of the policy of insurance, and provided further that the policy was in full force at the time of the death of the insured. The petition further avers that the policy provided that in the event of the death of the insured, loss of limb or sight, or disability caused by gas, vapor or poison, the company shall pay but one-tenth of the amount otherwise payable for bodily injuries to the insured, anything to the contrary in said policy notwithstanding. It is further averred that the insured died on the 18th of November, 1907, at St. Louis, "by suicide committed by said Oliver H. Applegate by drinking a liquid poison known as carbolic acid;" that up to the time of his death all the premiums accrued and due upon the policy had been duly paid and the insured had complied with its conditions and provisions. Notice to the company and proof of death is averred, and it is averred that the defendant had offered to pay plaintiff one-tenth part only of the amount, but had declined and refused to pay her the remaining nine-tenths part of the amount claimed to be due on the policy, to-wit, $ 3105; that no part of the full amount of $ 3450 had been paid. For this amount, with interest and costs, judgment is prayed. The policy sued on was, as averred in the petition, filed with it and marked Exhibit "A."
In the answer the defendant admits that plaintiff was the wife of Applegate; that it (defendant) is a corporation, organized under the laws of Connecticut; that it issued the policy sued on and that the policy filed as Exhibit "A" is the one referred to, "but the defendant expressly denies that it ever issued to said Oliver H. Applegate any life insurance policy." It further admits that Applegate died in the city in St. Louis, on the day alleged, from the effects of a poison known as carbolic acid, which he drank on that date. Admits that proofs had been duly furnished by plaintiff of the death of Applegate, as required by the policy. Admits "that it was provided in said policy of insurance above referred to in this answer, that in the event of the death of the said Oliver H. Applegate, loss of limb or sight, or disability caused by gas, vapor or poison, the defendant should pay but one-tenth of the amount otherwise payable under the terms of the policy; anything to the contrary in said policy notwithstanding." It is then averred It then avers that it tenders and brings into court this sum with interest on it from the date of the death of the insured and tenders the sum to plaintiff, "in full payment and settlement of defendant's liability under the terms of said policy of insurance, as expressly agreed therein," and offers to allow judgment to be entered in favor of plaintiff against the defendant for that sum, $ 354.77, with costs of suit to the date of filing the answer. All other allegations of the plaintiff's petition are denied.
It appears by the abstract of the record that on the day of filing this answer, defendant by leave of court paid into court the above sum and had paid all costs accrued to that date.
A reply was filed admitting that the insured died as the result of taking carbolic acid, a poison; that it was taken by the insured with the purpose on his part of committing suicide and that the act of taking it was a suicidal act which resulted in the death of the insured. It is further averred that the policy of insurance, Exhibit "A," is a policy of insurance on the life of Oliver H. Applegate and that by reason of the aforesaid facts plaintiff is entitled to judgment against defendant for the full amount as prayed for in the petition. All other allegations in the answer are denied, and plaintiff declining to accept the sum tendered and refusing to accept judgment in her favor for the amount tendered and costs, again prays for judgment for the full amount sued for, namely $ 3450 and interest and costs.
The case was tried on an agreed statement of facts before the court, a jury being waived. The agreed statement of facts is embodied in the bill of exceptions and set out in the abstract. The contract of insurance or policy is embodied and set out in full. It is dated March 23, 1904. Summarizing it, it sets out, among other matters, that in consideration of the warranties thereinafter set forth and of fifteen dollars, the defendant company insured Oliver H. Applegate for the term of twelve months from March 23, 1904, "against bodily injuries effected through external, violent, and accidental means, as specified in the schedule below," the principal sum of the first year being $ 3000, with 5 per cent increase annually for ten years, amounting to $ 4500, each consecutive full year's renewal of the policy adding 5 per cent to the principal sum of the first year until such additions shall amount to fifty per cent and thenceforth, so long as the policy is maintained in force, the insurance would be for the original sum plus the accumulations theretofore granted. The schedule of indemnities followed. That designated as "Part A," is for loss of life; of both hands by severance at or above the wrist; of both feet by severance at or above the ankle; of one hand and one foot at those places; of entire sight of both eyes if irrecoverably lost; it being set out that in any of these events the principal sum is payable. For loss of either hand by severance at or above the wrist; of either foot by severance at or above the ankle; of entire sight of one eye if irrecoverably lost, one-third that sum, and that, "In event of death the principal sum insured shall be paid to Mary L. Applegate (plaintiff), wife (the beneficiary), if surviving, otherwise to the executors, administrators, or assigns of the insured." Then follows what is designated as "Part B," and headed "Weekly Indemnity," providing for the payment of fifteen dollars a week for total loss of time and six dollars for partial loss of time. "Part C," provides that the amounts to be paid for claims under "Part A and B" shall be double the sum specified in this schedule, if such injuries are sustained while riding as a passenger and being actually in or upon any railway passenger car, using steam, cable or electricity as a motive power or in a passenger elevator or while traveling as a passenger on board a steam vessel or any regular line for transportation of passengers, or caused by the burning of a building while the insured is therein. The above matter appears on the front or first page of the policy. On the back of this first page, under the heading "Special Payments," appears this as "Part D:"
"In the event of death caused by sunstroke or freezing, or caused by bodily injuries of which there exists no external visible contusion...
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