First Nat. Bank of Decatur v. Mutual Trust Life Ins. Co.
Decision Date | 30 March 1988 |
Docket Number | No. 64642,64642 |
Citation | 522 N.E.2d 70,122 Ill.2d 116,118 Ill.Dec. 615 |
Parties | , 118 Ill.Dec. 615 FIRST NATIONAL BANK OF DECATUR, Appellant, v. MUTUAL TRUST LIFE INSURANCE COMPANY, Appellee. |
Court | Illinois Supreme Court |
Robert D. Owen, Robert M. Owen, of the firm of Owen, Roberts, Parish, Castleman & Owen, Ltd., Decatur, for appellee.
Monroe, Wilson, Dyar, McDonald & Moss by Darrell E. Statzer, Jr., Decatur, for appellant.
The plaintiff, First National Bank of Decatur, filed a complaint on September 24, 1985, in the circuit court of Macon County against the defendant, Mutual Trust Life Insurance Company, to recover as the assignee on a life insurance policy that had been given as collateral to the Bank by the insured. The defendant (hereafter, Mutual) forfeited the policy on September 16, 1983, after the insured had failed to pay the premium that was due May 1, 1983. The plaintiff (hereafter, the Bank) alleged that, as the assignee, it should have been notified by Mutual that a premium was due on the policy. The trial court allowed Mutual's motion to dismiss, stating that the complaint failed to state a cause of action. The appellate court, with one justice dissenting, affirmed (149 Ill.App.3d 743, 103 Ill.Dec. 57, 500 N.E.2d 1128), and we granted the Bank's petition for leave to appeal (107 Ill.2d R. 315).
As this appeal is before the court on the defendant's motion to dismiss, all well-pleaded facts and all reasonable inferences from them will be considered as true. (Katz v. Belmont National Bank (1986), 112 Ill.2d 64, 67, 96 Ill.Dec. 697, 491 N.E.2d 1157; Mein v. Masonite Corp. (1985), 109 Ill.2d 1, 7, 92 Ill.Dec. 501, 485 N.E.2d 312.) The complaint alleges that Mutual had issued a $100,000 insurance policy on the life of Angelo G. Drakos, to whom the Bank had made a loan. The life insurance policy was issued October 1, 1979. Drakos, on April 7, 1980, had assigned the right to the proceeds of the life insurance policy to the Bank as collateral for a $38,000 loan. The assignment was received and acknowledged by Mutual on April 14, 1980. Drakos died on May 16, 1985, and the Bank promptly filed a claim for his life insurance benefits.
Mutual notified the Bank that Drakos' policy had been terminated on September 16, 1983, for failure to pay the May 1, 1983, premium. The complaint alleges that the first the Bank learned of the termination of the policy was through this notice of forfeiture. The complaint alleges that Mutual had failed to notify the Bank, as the assignee, that a premium was due, which the plaintiff contends was required by section 234(1) of the Illinois Insurance Code (Ill.Rev.Stat.1983, ch. 73, par. 846). The complaint does not allege that Mutual failed to notify Drakos of the premium due, and the plaintiff acknowledged in oral argument that Drakos received notice of the premium due. The complaint also alleges there has been a vexatious and unreasonable delay by Mutual in paying the proceeds of the policy.
The part of section 234(1) with relevance here provides:
Ill.Rev.Stat.1983, ch. 73, par. 846(1).
Thus, the statute provides that the policy may not be forfeited or lapsed for nonpayment of premiums in less than six months of default where the insurer has given no premium-due notice, unless the surrender value of the policy or other policy provisions permit the insurance coverage to be extended beyond six months.
The insurance policy here provides:
The Bank contends that, as the assignee of the policy, it was entitled to a notice of premium due from Mutual under section 234(1) before the policy could be forfeited or lapsed. A premium-due notice sent to the insured was not sufficient, the Bank argues, because Mutual had been notified of the assignment of the policy to the Bank, and section 234(1) expressly provides that the assignee of a policy is entitled to receive notice where the insurer has knowledge of the assignment. Thus, the Bank says, Mutual prematurely forfeited the policy on September 16, 1983, when the six-months period required by statute prior to forfeiture had not elapsed.
Mutual's answer to the Bank is that section 234(1) is inapplicable and does not preserve the Bank's action for benefits under the insurance policy. The policy was in default, Mutual says, when neither the Bank nor the insured paid the premium that was due May 1, 1983. When the premium went unpaid, Mutual, in order to extend the coverage of the insured, exercised one of the policy's nonforfeiture provisions and purchased term insurance through the cash surrender value provision and dividends then available under the policy. This term insurance expired September 16, 1983, at which time Mutual declared the policy forfeited. Mutual argues that it would be unreasonable to interpret section 234(1) to provide an "indefinitely-long grace period if adequate premium due notices are not sent." Mutual says the Bank, as the assignee, should have been diligent and kept itself informed in order to protect its collateral security. Even if the declaration of forfeiture on September 16, 1983, was premature, Mutual argues, when the default in payment extended beyond six months, it was then irrelevant that a premium-due...
To continue reading
Request your trial-
American Nat. Bank & Trust Co. of Chicago v. National Advertising Co.
...508, 473 N.E.2d 1313.) That inquiry properly begins with the language of the statute. (First National Bank v. Mutual Trust Life Insurance Co. (1988), 122 Ill.2d 116, 121, 118 Ill.Dec. 615, 522 N.E.2d 70.) Section 1 of the Structural Work Act states in relevant "All scaffolds * * * ladders, ......
-
Harvel v. City of Johnston City
...An inquiry into legislative intent generally begins with the language of the statute. (First National Bank v. Mutual Trust Life Insurance Co. (1988), 122 Ill.2d 116, 121, 118 Ill.Dec. 615, 522 N.E.2d 70.) The language of section 9 specifies that the remedial provisions may be invoked whenev......
-
Mount Zion State Bank & Trust v. Consolidated Communications, Inc.
...all well-pleaded facts and all reasonable inferences from them are taken as true. First National Bank v. Mutual Trust Life Insurance Co. (1988), 122 Ill.2d 116, 118, 118 Ill.Dec. 615, 522 N.E.2d 70; Mein v. Masonite Corp. (1985), 109 Ill.2d 1, 7, 92 Ill.Dec. 501, 485 N.E.2d Plaintiff here a......
-
People v. St. Pierre
... ... her parents because they had taken away her bank books and charge cards so that she could not ... , Jackie let her mother enter the front door first. As she walked through, Jackie saw the defendant ... ...