Chapman v. National Life & Accident Ins. Co., 19660.

• Decision Date: 01 July 1940
• Docket Number: No. 19660.,19660.
• Citation: 144 S.W.2d 834
• Court: Missouri Court of Appeals
• Parties: CHAPMAN v. NATIONAL LIFE & ACCIDENT INS. CO.

144 S.W.2d 834

CHAPMAN v. NATIONAL LIFE & ACCIDENT INS. CO.

No. 19660.

Kansas City Court of Appeals. Missouri.

July 1, 1940.

Rehearing Denied September 16, 1940.

Appeal from Circuit Court, Jackson County; John F. Cook, Judge.

"Not to be published in State Reports."

Action on life policy by Gertrude Chapman against the National Life & Accident Insurance Company. The action was begun before a justice of the peace, and from an adverse judgment, the defendant appealed to the circuit court. From a judgment of the circuit court in favor of the plaintiff, the defendant appeals.

Affirmed.

McAllister, Humphrey, Pew & Broaddus and C. F. Douglass, all of Kansas City, for appellant.

Cowgill & Popham, Robert L. Robertson, John W. Franciscus, Guy W. Green, Jr., and A. C. Popham, Jr., all of Kansas City, for respondent.

CAMPBELL, Commissioner.

This is an action on a policy of life insurance issued by defendant to Willie Harris in the amount of $284, and in which plaintiff is the beneficiary. The policy was applied for on April 18, 1928, and was issued 12 days later.

In the application it was stated the insured, Willie Harris, was in good health, had not received medical or surgical attention in the last 5 years; that the statements were true and should form the basis for any contract between the parties; that defendant assumed no obligation prior to the date of the policy nor unless the insured on that date was in good health.

The insured died July 6, 1928.

Thereafter this suit was brought in the court of a justice of the peace, where the judgment was adverse to the defendant. The cause was appealed to the circuit court and there tried with a jury and resulted in a verdict and judgment for the plaintiff for $284 and interest. The defendant has appealed.

The defendant insists the court erred in refusing its requested instruction in the nature of a demurrer to the evidence offered at the close of the evidence, for the reason it was conclusively shown the insured was not in sound health on April 30, 1928, but was then suffering from the disease which caused his death on July 6, 1928.

This insistence is based upon the fact plaintiff, as a part of the proof of death, furnished to defendant the report of Dr. Haley in which it was stated that the cause of the death of insured was chronic interstitial nephritis; duration from belief several months; duration from history given 4 months; contributory or secondary mitral regurgitation; date of first visit July 1, 1928; last visit July 5, 1928; that insured had been treated in "old city hospital", that he did not know the name of attendant or term of illness. The defendant also introduced the record of the General Hospital in Kansas City in which it was recited insured entered the hospital April 24, 1928, was discharged 2 days later; that the diagnosis was "Aortic regurgitation with cardiac decompensation."

The statement of Dr. Haley in the proofs of death were conclusive on plaintiff unless they were contradicted or explained.

Plaintiff testified Dr. Haley told her that pneumonia caused the death of the insured; that defendant's agent came to her home and took the application for the policy which was signed by her, evidently in the presence of the insured; that after the application was taken and before the policy was issued a doctor (presumably the defendant's examiner) examined the applicant and stated the applicant was in "perfect condition"...