Continental Cas. Co. v. Hall

• Decision Date: 13 January 1919
• Docket Number: 20365
• Court: Mississippi Supreme Court
• Parties: CONTINENTAL CASUALTY CO. v. HALL

80 So. 335

118 Miss. 871

CONTINENTAL CASUALTY CO. v. HALL

No. 20365

Supreme Court of Mississippi

January 13, 1919

Division A

APPEAL from the circuit court of Forrest county, HON. PAUL B JOHNSON, Judge.

Suit by R. S. Hall against the Continental Casualty Company. From a judgment for plaintiff, defendant appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed.

Whitfield & Whitfield, M. P. Cornelius and Geo. R. Sanderson, for appellant.

Green &amp Green and R. S. Hall, for appellee.

OPINION

SYKES, J.

Appellee, R. S. Hall, instituted this suit in a justice of the peace court of Forrest county against the appellant insurance company upon a policy of accident and health insurance, and recovered judgment in both courts. From the judgment in his favor in the circuit court for the sum of one hundred and eighty dollars this appeal is prosecuted. The only provisions of the policy material to be considered here are those parts relating to the health insurance, which will be hereafter quoted. The testimony shows that the policy in question was countersigned by an agent in Jackson, Mississippi, and that the special rider contained on the policy was also countersigned by the same party at Jackson; that the agent who discussed the question of insurance with Judge Hall, the appellee and who took his application therefor was a mere soliciting agent. The day this policy was delivered to appellee he was taken with appendicitis, and was operated upon therefor, and ill for the period claimed by him in this suit. The only question necessary for the court to decide is whether or not the health benefits mentioned in this policy were in full force and effect at the time of and during the illness of appellee. In the policy under the caption, "Part 4. Health Insurance"--part of clause 1 reads as follows:

"The health insurance given by this policy does not take effect until thirty days after the rest of the policy is effective."

Clause C of part 4 is as follows:

"If the disability of the insured by reason of bodily sickness or disease for which indemnity is payable under the provision of this part continues for less than fifteen consecutive days, the first three days thereof shall not be covered and no indemnity shall be payable for such first three days. The combined period of time for which indemnity shall be payable under the provisions of both paragraphs A and B of this part shall not exceed six months."

The accident indemnity under this policy became effective upon the delivery of the policy to the appellee. The premium paid upon this policy was three dollars and fifty cents, which is the regular monthly payment provided for in the policy. Attached to and forming a part of this policy is what is called a "special rider attached to and made a part of policy No. 3450143." The body of this rider reads as follows:

"In consideration of the payment of an additional monthly premium of fifty cents, which is to be paid as is the premium of the policy to which this rider is attached, the company further agrees that in the event the insured shall sustain loss of time on account of disability caused by sickness or disease so that indemnity is payable therefor under the provisions of said policy, then such indemnity shall be payable from the beginning of such loss notwithstanding the provision of said policy that some certain number of days at...