Egan v. New York Life Ins. Co.
| Citation | 60 F.2d 268 |
| Decision Date | 17 June 1932 |
| Docket Number | No. 1448.,1448. |
| Parties | EGAN v. NEW YORK LIFE INS. CO. |
| Court | U.S. District Court — Panama Canal Zone |
Butler & McCollister and Thomas M. Stubbs, all of Atlanta, Ga., for plaintiff.
Bryan, Middlebrooks & Carter and John A. Dunaway, all of Atlanta, Ga., for defendant.
This is a suit on a life insurance policy which became in default by reason of nonpayment of premiums, unless saved therefrom by reason of the provision hereinafter quoted. In the event of such provision becoming effective, payments are obligated to be made in installments, and the suit is for such installments.
The policy had been in force more than one full year, and assured had not reached sixty years of age at the time of the alleged disability, viz. insanity, which it is claimed made said provision applicable. Notice of such alleged disability was not given until after the company had lapsed such policy for nonpayment of premium, but it is alleged that such disability had occurred before the due date of the premium for the nonpayment of which such policy was lapsed and had continued uninterruptedly until the filing of such suit.
First it is important to ascertain whether the language of the provision is free from ambiguity. The condition is not, "if the assured becomes disabled," but is, if "the company receives due proof" of the disability, it will waive payment of premiums. To give this any other meaning than the notice of disability was the requisite would be to twist and torture language.
The promise of the company was to do something if this condition precedent were complied with, viz. to waive payment of premiums. Until such condition was complied with, no such obligation existed.
My opinion is so decided that to fail to sustain the general demurrer would be to disregard the sanctity of contracts that nothing but a controlling authority would lead to any other conclusion. Not only such...
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