Deese v. Travelers' Ins. Co. of Hartford, Conn.
| Decision Date | 22 February 1933 |
| Docket Number | 471. |
| Citation | 167 S.E. 797,204 N.C. 214 |
| Parties | DEESE v. TRAVELERS' INS. CO. OF HARTFORD, CONN. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Mecklenburg County; Moore, Special Judge.
Action by Mrs. Prue A. Deese against the Travelers' Insurance Company of Hartford, Connecticut. From a judgment in favor of plaintiff, defendant appeals.
No error.
Absent evidence that employee knew of or consented thereto bookkeeping arrangement by which he was carried on another company's pay roll prior to death held insufficient, as matter of law, to show that he ceased to be employee of company holding group life policy insuring its employees against death occurring while employed by it.
Whether insured, at time of death, was employee of company holding group life policy insuring its employees against death occurring while they were employed by such company, held for jury.
This is an action to recover of the defendant the sum of $2,000, due to the plaintiff as the beneficiary named in a certificate issued by the defendant to her husband, Oscar J. Deese, an employee of the Carolina Nash Company, pursuant to the provisions of a group life policy of insurance issued by the defendant to the said Carolina Nash Company by which the defendant agreed to pay to the beneficiary named in said certificate the sum of $2,000, upon the death of Oscar J. Deese, provided such death should occur while the said policy was in force, and while the said Oscar J. Deese was an employee of the said Carolina Nash Company.
It is alleged in the complaint that at the date of his death, to wit, October 6, 1930, Oscar J. Deese was an employee of the Carolina Nash Company, and that the group life policy of insurance under which the said Oscar J. Deese was insured was in full force and effect. Both these allegations are denied in the answer filed by the defendant.
At the trial, evidence was introduced by both plaintiff and defendant. The issue submitted to the jury was answered as follows:
From judgment that plaintiff recover of the defendant the sum of $2,000, with interest from October 6, 1930, and the costs of the action, the defendant appealed to the Supreme Court.
Tillett Tillett & Kennedy, of Charlotte, for appellant.
H. L Taylor, T. L. Kirkpatrick, and J. H. Sembower, all of Charlotte, for appellee.
Two questions are involved in the issue submitted to the jury at the trial of this action. Both these questions were answered in the affirmative. They are:
1. Was the insured, Oscar J. Deese, an employee of the Carolina Nash Company at the date of his death, to wit, October 6, 1930?
2. If so, was group life policy G-6271, issued by the defendant to the Carolina Nash Company, and covering the employees of said company, who had accepted the insurance provided by said policy in force and effect as to Oscar J. Deese, at the date of his death, to wit, October 6, 1930?
By its motion for judgment as of nonsuit, at the close of all the evidence, the defendant presented to the trial court its contention that there was no evidence from which the jury could answer either of the questions involved...
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