Atlanta Life Ins. Co. v. Cormier, 1886-6413.

• Decision Date: 02 October 1935
• Docket Number: No. 1886-6413.,1886-6413.
• Citation: 85 S.W.2d 1045
• Parties: ATLANTA LIFE INS. CO. v. CORMIER.
• Court: Texas Supreme Court

Page 1045

85 S.W.2d 1045

ATLANTA LIFE INS. CO. v. CORMIER.

No. 1886-6413.

Commission of Appeals of Texas, Section A.

October 2, 1935.

Certified Question from Court of Civil Appeals of First Supreme Judicial District.

Action by Marjorie Cormier against the Atlanta Life Insurance Company. From an adverse judgment, defendant appealed to the Court of Civil Appeals, and that court certifies a certain question.

Question answered.

Ross, Wood, Lawler & Wood, of Houston, for appellant.

John J. Sargent, of Houston, for appellee.

M. L. Pepper, of Houston, amicus curiæ.

HICKMAN, Commissioner.

The certificate of the honorable Court of Civil Appeals discloses the following facts:

On March 11, 1929, the Atlanta Life Insurance Company executed and delivered to Arnotole Cormier its policy of life insurance in which his wife, Marjorie Cormier, was named as beneficiary. The insured died on April 9, 1931. In a suit by the beneficiary on the policy, the insurance company pleaded as a defense to its liability that prior to and at the time the policy was issued the insured was afflicted with epilepsy, from which he died, and in that connection pleaded the following provision of the policy: "4. No death benefit shall be payable hereunder when death is the result of immorality, or a disease contracted prior to the date hereof, or of resisting the legal execution of law, or legal authority by the insured, or when death is the result of suicide, it being understood and agreed to that death resulting from these causes, or any one of them, is not a risk undertaken or assumed under this policy of insurance."

It was established upon the trial that the insured died of epilepsy, which disease was contracted prior to the date of the issuance of the policy. The question certified is: "Could the Insurance Company, in view of the incontestable clause of the policy and section 3 of article 4732, Revised Civil Statutes of Texas, defend after the expiration of two years upon the ground that the cause of the death of the insured was a risk not insured against?"

Our statutes, articles 4732 and 4733, require that life insurance policies issued or delivered in this state or issued by a life insurance company organized under the laws of this state shall contain certain provisions and shall not contain certain other provisions. One of the provisions which such policies are required to contain is: "That the policy, or policy and application, shall constitute the entire contract...