Brunnemer v. Metropolitan Life Ins. Co.
| Decision Date | 07 April 1938 |
| Docket Number | 27015. |
| Parties | BRUNNEMER v. METROPOLITAN LIFE INS. CO. |
| Court | Indiana Supreme Court |
Appeal from Superior Court, Marion County; Joseph T. Markey, judge.
White & Jones, J. Herbert Hartman, and Geo. S. Elliott, all of Indianapolis, for appellant.
Miller Miller & Bredell, of Indianapolis, for appellee.
This is an action by appellant on a life insurance policy issued by appellee upon the life of Roy T. Harper, payable to Mary J Harper appellant's intestate, for the sum of $500.
The complaint in one paragraph alleged the issuing of the policy by appellee, payment of premiums, death of the insured while the policy was in force, the death of the beneficiary, Mary J. Harper, the appointment of appellant as administratrix proof of death, and demand and refusal of payment by the appellee. To this complaint the appellee filed answer in four paragraphs, First, a general denial, second; payment. The third and fourth paragraphs of defense seek to avoid the policy on the ground that the insured made false statements in regard to his health at and prior to the issuing of the policy.
Appellant filed replies in general denial to the second, third, and fourth paragraphs of answer. The cause was submitted to the court without the intervention of a jury and upon request the court made a special finding of facts and stated its conclusion of law thereon. The conslusion of law was in favor of appellee and judgment was entered accordingly. Appellant's motion for a new trial was overruled and this appeal perfected.
The only error assigned and relied upon is that the court erred in its conclusion of law on the special findings of facts. The appellant expressly waives the alleged error in overruling the motion for a new trial. The policy of insurance here involved was made an exhibit to appellant's complaint and also by reference in appellee's third and fourth paragraphs of answer. The application for insurance in appellee company was made a part of the contract of insurance. In part C of the application and immediately above the signature of the insured the following statement appears:
Part C of the application contained the following questions and answers:
'1. I have never had any of the following complaints or diseases: Apoplexy, Appendicitis, Asthma, Bronchitis, Cancer or other Tumor, Consumption, Diabetes, Disease of the Brain, Disease of Heart, Disease of Kidneys, Disease of Liver, Disease of Lungs, Disease of Urinary Organs, Dropsy, Fistule, Fits or Convulsions, General Debility, Goiter, Habitual Cough, Hemmorrhage, Insanity, Jaundice, Paralysis, Pleurisy, Pneumonia, Rheumatism, Serofula, Spinal Disease, Spitting or Raising Blood, Syphilis, Ulcer or Open Sores, Varicose Veins, except
'I have stated all exceptions. No.
'2. I have never been under treatment in any clinic, dispensary, hospital or asylum, nor been an inmate of any almshouse or other institution, except No.
'I have stated all exceptions and every case when I have consulted or received treatment from a doctor at his office or elsewhere.'
Appellee by its second and third paragraphs of answer contend that the answers to the above and foregoing questions were false and material to the risk; that they were relied upon by appellee and were of such a character as would avoid the policy. The court in its special findings of fact found the following which we deem material to the question here involved:
'16. That the policy herein sued upon was issued by the defendant upon application made by Roy T. Harper, and upon the representations made by said Roy T. Harper contained in said application for insurance, which application being Exhibit No. 2, is as follows: (H.I.)
'17. That the cause of death of the insured was pulmonary tuberculosis; that the insured received treatments for three months at the Veterans Hospital, at Dwight, Illinois; that the insured was unemployed and received a Government pension, all of which facts were shown by Exhibit No. 3, to the Stipulation agreed to by the parties and expressly admitted by the statement of Mary J. Harper, claimant and beneficiary.
'18. That the insured was afflicted with a chronic disease and physical infirmity to-wit: rigidity of the spine from cerebrospinal meningitis, which fact is shown by Exhibit No. 4 to the Stipulation agreed to by the parties.
'19. That insured was under treatment at the Veterans Hospital at Dwight, Illinois, from July 11, 1925, to October 21, 1925, and under treatment at the Indianapolis City Hospital from June 29 to July 2, 1931.
'20. That insured had been under the care of a physician from June 29 to July 2, 1931, at the Indianapolis City Hospital, which was within three years prior to the time of the death of the insured.
'21. That the policy herein sued upon was of the type issued without medical examination in reliance upon representations made in the application for insurance by the insured. The fact that the insured had received medical treatment within three years or that the insured was suffering from a physical infirmity or rigidity of the spine, or that the insured had received treatment at the Veterans Hospital at Dwight Illinois, or Indianapolis City Hospital, was not known to the defendant at the time of the issuance of said policy, and if said facts, or either of them, had been made known to the defendant the defendant would not have issued said policy unless and until a medical examination of the insured had been made; and by reason of the insured's denial of said facts in said application the...
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Brunnemer v. Metro. Life Ins. Co., 27015.
...213 Ind. 65014 N.E.2d 97BRUNNEMERv.METROPOLITAN LIFE INS. CO.No. 27015.Supreme Court of Indiana.April 7, Action by Jessie M. Brunnemer, administratrix of the estate of Mary J. Harper, deceased, against the Metropolitan Life Insurance Company to recover on a life policy of which the intestat......