Dunn v. Standard Life & Accident Ins. Co.
| Citation | 196 S.W. 100,197 Mo. App. 457 |
| Decision Date | 06 June 1917 |
| Docket Number | No. 14714.,14714. |
| Court | Court of Appeal of Missouri (US) |
| Parties | DUNN v. STANDARD LIFE & ACCIDENT INS. CO. |
Appeal from St. Louis Circuit Court; Wm. M. Kinsey, Judge.
Action by Emma P. F. Dunn against the Standard Life & Accident Insurance Company. From judgment for plaintiff, defendant appeals. Reversed.
M. U. Hayden, of St. Louis, for appellant. Jones, Hocker, Hawes & Angert, of St. Louis, for respondent.
This is an action on an insurance policy. It is averred in the petition that on July 2nd, 1909, the defendant, for the consideration of $35 then paid to it, issued and delivered to William E. Dunn its policy or contract, whereby it promised and agreed to insure Dunn for a term of 12 months from July 14th, 1909, "against death caused by accidental means or by sickness," in the sum of $5000, the policy being made payable in case of death to plaintiff. It is averred that Dunn died on February 24th, 1910, his death "caused by disease, to-wit, by angina pectoris." Averring that defendant had been notified of the death of Dunn immediately after that occurred and that plaintiff made due proof of the death and demanded payment of the sum of $5000, but that defendant, denying liability under the policy, had refused payment, judgment is demanded for that and interest thereon at 6 per cent. per annum from April 9th, 1910, and for costs.
The answer upon which the case was tried admits the incorporation of defendant, averring that it was incorporated and organized under and by virtue of the laws of the state of Michigan, and that it was doing business in the state of Missouri; admits that the policy sued on herein was issued and delivered to Dunn but denies all the other averments in the petition.
For further answer it is averred that the policy sued on is known and described as a "Standard Accident and Limited Sickness" policy, and that in and by its terms the defendant expressly agreed that if Dunn should suffer any disability as the result of certain diseases mentioned in the policy, including angina pectoris, and any of said diseases should wholly and entirely disable and prevent him from performing any and all of the business of his occupation, the defendant company would pay to him the sum of $25 per week during this disability, and that it was expressly provided that if Dunn died as the result of any of said diseases the limit of defendant's liability under the policy should be only the amount of weekly indemnity specified which had accrued at the time of his death. It is expressly averred that the defendant did not agree to pay any sum of money upon the death of Dunn resulting from disease.
The answer further avers that defendant, incorporated under the laws of the state of Michigan, at the time the policy in question was issued, was not authorized or empowered to enter into any contract of life insurance, or any insurance contract, other than accident insurance and for the payment of weekly benefits in certain cases, and that under the certificate of authority issued to it by the insurance department of this state, it was not authorized to enter into any contract of insurance providing for the payment of any sum in the event of death from angina pectoris, or any other disease, but on the contrary was only authorized to do the business of accident, health and employers' liability insurance within this state at the time the policy was issued. Issue was joined on these affirmative defenses by reply.
The cause was tried on an agreed statement of facts admitting the incorporation of the defendant under the laws of the state of Michigan, and that it was doing business in this state in the year 1909, and at the times mentioned in the petition, under authority of a certificate issued by the insurance department of this state. It is further admitted that plaintiff is the widow and beneficiary of the insured and that in July, 1909, defendant issued its policy to plaintiff's husband, plaintiff being the beneficiary, the premium on which was $35; that that was duly paid and that the policy was in force for 12 months from the 14th of July, 1909, the insured dying February 24th, 1910. By the stipulation it is further provided that defendant's charter, as amended January 20th, 1909, might be offered in evidence, as also the certificate of the authority of the company to do business in this state for the 12 months beginning February 1st, 1909; that at the date the policy was issued, the insured was 50 years of age, and that the customary premium for a policy of life insurance for the sum of $5000, insuring against death however caused for a man of his age was $80. It was stipulated that these three last matters might be offered in evidence subject to any objection plaintiff might make, and at the trial, following the reading of the agreed statement of facts, counsel for defendant offered and read in evidence the charter and its amendments and the certificate of authority to do business in this state, plaintiff objecting. It appeared that by amendment to the charter of defendant, made in 1908, its name was changed to that of "Standard Accident Insurance Company, of Detroit, Michigan."
The policy was indorsed on the back in part and as far as material as follows:
Standard Accident and Limited Sickness
Contract
The Standard Life and Accident Insurance
Company of Detroit, Michigan
Incorporated 1884
Policy No. S. A. & L. S. 247,014
Name, Wm. E. Dunn
Date, July 14th, 1909.
Term, 12 Months.
Amount Insured ...................... $5,000.00
Weekly Indemnity .................... 25.00
Premium ............................. 35.00
The first page of the policy sets out that the defendant
in consideration of the truthfulness of the warranties herein and of the premium of thirty-five 00/100 dollars hereby insures William E. Dunn, for the term of 12 calendar months from noon, standard time, of the 14th day of July, 1909, against bodily injuries effected, directly and independently of all other causes, through external, accidental and violent means (suicide, whether sane or insane, not included); and against disability from sickness with the following modifications:
Death, Loss of Limb or Sight.
1. Principal Sum: Five thousand 00/100 dollars
($5,000.00).
Weekly Indemnity: Twenty-five 00/100
dollars ($25.00).
For loss of life............... Principal Sum
For loss of both hands by
actual severance at or
above wrist .................. Principal Sum
For loss of both feet by actual
severance at or above
ankle ........................ Principal Sum
For loss of one hand and
one foot by actual severance
at or above wrist or
ankle ........................ Principal Sum
For the irrecoverable and
entire loss of sight of both
eyes ......................... Principal Sum
For the loss of either hand
by actual severance at or
above wrist .................. ½ Principal Sum
For the loss of either foot by
actual severance at or
above ankle .................. ½ Principal Sum
For the irrecoverable and
entire loss of sight of one
eye .......................... ½ Principal Sum
2. Additional Amount, if any of above losses result within 200 weeks: If any of the disabilities enumerated above shall result from such injuries alone, within ninety days from the date of accident, the company will pay the sum specified opposite such disability, or, if such injury shall, from the date of the accident and independently of any and all other causes, directly, immediately, wholly and continuously disable and prevent the insured from attending to any and every duty pertaining to any business or occupation, and such injury shall within TWO HUNDRED WEEKS from the date of the accident (during which time such disability shall have been total and continuous), result in any one of the losses enumerated in the above schedule, the company will pay...
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