Christian v. Connecticut Mut. Life Ins. Co.

• Decision Date: 15 March 1898
• Parties: CHRISTIAN et al. v. CONNECTICUT MUT. LIFE INS. CO.
• Court: Missouri Supreme Court

45 S.W. 268

143 Mo. 460

CHRISTIAN et al. v. CONNECTICUT MUT. LIFE INS. CO.

Supreme Court of Missouri, Division No. 2.

March 15, 1898.

LIFE INSURANCE — ACTION ON POLICY — MISREPRESENTATIONS BY ASSURED — INSTRUCTIONS — ISSUES.

1. The only misrepresentations made by the assured in his application for life insurance which will constitute a defense to the policy are those which contribute to his death, as provided in Rev. St. 1889, § 5849, and the fact that they did contribute to his death must be pleaded.

2. An objection to an instruction that it does not state the issues is not well taken where no appropriate instructions were requested.

3. An objection to an instruction given at the instance of plaintiff on the ground that it does not state the issues will not be regarded where those requested by defendant exhibit the same fault.

4. An instruction that, unless the jury find from the evidence that at the time the assured applied for the insurance he intended to perpetrate frauds of the character which the defendant claims he did thereafter perpetrate, the jury must disregard all the testimony concerning such frauds, is not ambiguous and unintelligible.

5. A conflict between a proper instruction given at plaintiff's instance and an erroneous instruction given at the request of the defendant furnishes defendant with no ground for objection.

6. The issues raised by the pleadings cannot be enlarged by evidence or instructions.

Appeal from St. Louis circuit court; Leroy B. Valliant, Judge.

Action by John R. Christian and others against the Connecticut Mutual Life Insurance Company. From a judgment in favor of plaintiffs, defendant appeals. Affirmed.

Lee & McKeighan and Robt. A. Holland, Jr., for appellant. John R. Christian, for respondents.

SHERWOOD, J.

Action on a life insurance policy for the sum of $10,000, which insurance was effected by A. K. Florida on his own life on the 11th day of July, 1892. On the 20th day of January, 1893, Florida assigned this policy to plaintiffs. On the 27th day of April next following he committed suicide. The answer of defendant is based on two defenses: The first, that at the time Florida made the application for insurance he intended to commit suicide, and that afterwards he carried out that intention; the second, that it was agreed between the parties that if there were in any of the answers contained in said application any fraud, untruth, evasion, or concealment of facts, then any policy granted upon said application should be null and void, etc.; that certain of said answers were not true, in that they were false, fraudulent, and evasive, and a concealment of facts to which said answers related; that the answers did not truthfully answer questions as to the names of the companies and the amount of the insurance he had in each; that there were other insurance companies at that time in which Florida had insurance, giving names and amounts, which he failed to disclose. The answer contains no allegation that defendant would not have issued the policy had it known the real state of the facts respecting which the answers were made. Nor does the answer contain, nor the evidence disclose, that any such misstatements in any way contributed to the issuance of the policy. The reply of plaintiffs was a general denial. Section 5849, Rev. St. 1889, provides that: "No misrepresentations made in obtaining or securing a policy of insurance on the life or lives of any person or persons shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it is so contributed in any case shall be a question for the jury."

1. This section, being in force when the policy in question was issued, became part and parcel thereof; for whatsoever the law will imply as a part of a contract becomes such part by implication, and as effectually as if incorporated therein. Havens v. Insurance Co., 123 Mo. 403, 27 S. W. 718; Daggs v. Insurance Co. (Mo. Sup.) 38 S. W. 85; State v. Laclede Gaslight Co., 102 Mo., loc. cit. 485, 14 S. W. 974, and 15 S. W. 383; State v. Grant, 79 Mo., loc. cit. 122. Under the provisions of the quoted section it was a matter to be left to the jury whether the misrepresentation contributed to the event or contingency upon which the policy was to become due and payable. It therefore was one of the defenses open to defendant in a suit on the policy, but the answer raises no such issue and pleads no such defense. It is quite obvious that misrepresentations, however numerous, cut no figure unless they produce the result pointed out in the section under comment; but no such issue was raised as aforesaid, and consequently it is not now open for consideration. This view renders unnecessary the review of any instructions based on the point of misrepresentations.

2. Section 5855, Rev. St. 1889, contains this provision: "In all suits upon policies of insurance on life hereafter issued by any company doing business in this state, it shall be no defense that the insured committed suicide, unless it shall be shown to the satisfaction of the court or jury trying the cause, that the insured contemplated suicide at the time he made his application for the policy, and any stipulation in the policy to the contrary shall be void." Upon this section the first count in d...