Citizens Fidelity Ins. Co. v. Langlotz
| Decision Date | 28 June 1973 |
| Docket Number | No. 5275,5275 |
| Citation | 497 S.W.2d 493 |
| Parties | CITIZENS FIDELITY INSURANCE COMPANY, Appellant, v. Arthur LANGLOTZ, Appellee. |
| Court | Texas Court of Appeals |
W. E. Cureton, Waco, for appellant.
Marshall W. Dooley, Dallas, for appellee.
This is an appeal by defendant Insurance Company from judgment against it on a life insurance policy rendered on a jury verdict.
On March 20, 1969 James R. Langlotz purchased a new automobile and financed it through the Westview National Bank. At the same time he purchased a credit life insurance policy from defendant insurance company. On March 28, 1970 there was $3,146 owed by Langlotz to the Bank on the automobile, and on that date Langlotz died as a result of a gunshot wound. Langlotz estate paid the Bank, and his father Arthur Langlotz as his sole heir instituted this suit against defendant insurance company on the policy. Defendant by answer plead the policy provided an exclusion from coverage if the insured committed suicide, that the insured committed suicide, and prayed plaintiff take nothing.
Trial was to a jury which found:
'Answer: Did Not'
'You are instructed that suicide means the intentional taking of one's own life.'
Plaintiff filed motion for judgment on the verdict, and defendant filed motion for judgment Non Obstante Veredicto, asserting there was no evidence to support the jury's answer to the issue submitted, and that the undisputed evidence shows deceased did commit suicide.
The trial court denied defendant's Motion for Judgment Non Obstante Veredicto; granted plaintiff's motion; and entered judgment for plaintiff for $3,146, 12% Penalty, and $450 attorney's fees.
Defendant appeals on one point: 'The trial court erred in overruling defendant's Motion for Judgment Non Obstante Veredicto because the undisputed evidence shows that James R. Langlotz committed suicide on March 28, 1970.'
The policy provides: 'Exclusions--Suicide: If, within two years from the effective date of coverage hereunder, the Debtor shall commit suicide, or if death results from intentionally self inflicted injury, while Debtor is either sane or insane, the liability of the Company shall be limited to the amount of the unearned premiums paid hereon.'
On March 28, 1970 Langlotz and Mr. James Muhl, both in their early twenties were living at 3215 Maple, Waco, Texas. At approximately 7 p.m. the two boys had as guests at their house Langlotz's girl friend Susan Farley, Muhl's girl friend, Langlotz's brother and his wife, and Muhl's brother and his wife. It was the Saturday evening before Easter. The group drank beer for an hour or more, then left for a visit with Muhl's mother, where they continued drinking until 9:30 or 10 p. m. when they went to a Pizza Restaurant. At the Pizza place they ate pizza and continued to drink beer. About 12 o'clock Langlotz left and took his girl friend Susan Farley home. Langlotz and or 10 p.m. when they went to a Pizza Langlotz returned to the Pizza place and continued to drink beer. He called his mother about 12 o'clock to ascertain the time church services were to be held the next morning and told her he would be there. Muhl the only person present when Langlotz was shot, testified to the following: Langlotz told Muhl when he returned that he was free and that he had broken up with his girl friend; (altho...
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Langlotz v. Citizens Fidelity Ins. Co.
...evidence. We, therefore, reverse the judgment of the court of civil appeals which held that, as a matter of law, there was a suicide. 497 S.W.2d 493. We affirm the judgment of the trial court which had entered a judgment for the plaintiff on the jury's No new question of law is before us, a......