Deloache v. Carolina Life Ins. Co., 17457
| Decision Date | 04 August 1958 |
| Docket Number | No. 17457,17457 |
| Citation | 233 S.C. 341,104 S.E.2d 875 |
| Parties | Jewel H. DELOACHE and Joyce Elaine Deloache, a minor under fourteen (14) years of age, Respondents, v. CAROLINA LIFE INSURANCE COMPANY, Appellant. |
| Court | South Carolina Supreme Court |
G. P. Callison, Greenwood, Turner, Padget & Graham, Columbia, for appellant.
Charles & Charles, Greenwood, for respondents.
This appeal comes from the Court of Common Pleas for Greenwood County where plaintiffs brought an action to recover under the double indemnity provision of a life insurance policy issued by defendant upon the life of one George L. Deloache. The face amount of the policy was paid without prejudice to plaintiffs' right to maintain this action. Defendant filed answer denying liability, contending that the insured died from (1) injuries intentionally inflicted by another or (2) homicide; that in either event under the provision of the policy excluding coverage in such instances, defendant was not liable for any further payments under the policy.
The matter came on to be heard before a Judge and jury. At the conclusion of plaintiffs' testimony, defendant's motion for a nonsuit was overruled. Upon conclusion of all the testimony, both plaintiffs and defendant moved for directed verdict. Motion of defendant-appellant was overruled, and plaintiffs-respondents' motion was granted; and verdict was directed for plaintiffs in the sum of $1,000, interest and costs.
From the testimony of four eyewitnesses, it was established that the deceased, who was immediately inside the door of a store operated by a Mr. W. V. Wall, called to one John T. Burnett, who had just arrived and was in the yard, in jest. After a short conversation, punctuated with oaths and charges by Burnett that Deloache had insulted his wife, Burnett drew from his pocket a revolver and shot Deloache. After Deloache fell, Burnett continued to curse and threaten to shoot Deloache again.
A portion of the policy relating to accidental death reads as follows:
'* * * additional amount shall not be paid, in event of death resulting from the following: (a) self destruction, whether sane or insane; (b) the taking of poison, inhaling of gas, or any sort of acid fumes, whether voluntary or otherwise; (c) injuries intentionally inflicted by another person; (d) homicide; * * *.'
Plaintiff was permitted over objection to introduce in reply Dr. L. E. Kirven, who testified that Burnett was committed to the South Carolina State Hospital on the 17th day of January, 1957 (five days...
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