Glenn v. Gate City Life Ins. Co, 746.

• Court: United States State Supreme Court of North Carolina
• Citation: 220 N.C. 672,18 S.E.2d 113
• Decision Date: 07 January 1942
• Docket Number: No. 746.,746.
• Parties: GLENN . v. GATE CITY LIFE INS. CO.

18 S.E.2d 113
220 N.C. 672

GLENN .
v.
GATE CITY LIFE INS. CO.

No. 746.

Supreme Court of North Carolina.

Jan. 7, 1942.

[18 S.E.2d 113]

Appeal from Superior Court, Forsyth County; J. A. Rousseau, Judge.

Action by Vannie Glenn against the Gate City Life Insurance Company to recover weekly sick benefits under two health, accident and life insurance policies. From a judgment for plaintiff, defendant appeals.

Affirmed.

This is an action wherein the plaintiff seeks to recover weekly sick benefits under two health, accident and life insurance policies issued to him by the defendant on December 23, 1918, and on August 18, 1919, respectively, and wherein defendant seeks to avoid liability upon the ground that the plaintiff was not sick as contemplated by the provisions of the policies.

The policies provide that the defendant will pay to the plaintiff "weekly sick and accident benefits named in schedule below (Section A) * * * Section A. Weekly sick and accident benefits—$5.00 (Note: $5.00 in one policy and $2.00 in the other) * * * Full amount of weekly sick and accident benefits will be paid from date of this policy. The weekly benefits under this policy are not limited to any number of weeks, but covers fifty-two weeks in any one year or will be paid as long as the policy holder remains totally disabled. * * * After this policy has been in force five full years from the date hereof the weekly sick * * * benefits * * * shown in Section A. * * * above, will be increased 20% and will remain so as long as this policy continues in force. * * * Additional conditions and agreements * * *. 2nd. Weekly benefits for sickness will only be paid when the insured has been confined to his or her bed or house for seven consecutive days."

[18 S.E.2d 114]

There are various other provisions and conditions as to the payment of premiums by the insured and the giving of notice to the company of sickness and disability, but these have no application to the case at bar since it is admitted or stipulated that all premiums due were paid and that the policies were in full force and effect at the time of the trial, and that the defendant had timely knowledge of the disability of the plaintiff and all notices or proofs of claim required of the insured to the company were waived. This action involves claims only for sick benefits, there being no allegation of or contention for accident benefits.

The following appears in the record: "Counsel for the plaintiff and counsel for the defendant dispensed with the intervention of the jury and consented and agreed that the presiding judge might hear and find all facts and conclusions of law and render its verdict."

His Honor found, inter alia, as facts: "That on 23 May, 1939, the plaintiff, who had been employed for a number of years by the Brown-Williamson Tobacco Company at its Winston-Salem plant, was discharged because of such a degree of blindness that he could not perform the duties incident to his work. That thereafter, the plaintiff was confined in his home for some five or six weeks, by reason of worry due to the loss of his eyes and his inability to work, but since the said five or six weeks immediately following 23 May, 1939, the plaintiff has not been confined to his bed or house. That the plaintiff was not attended by a doctor during the five or six weeks of his confinement to his bed or home, or at any time at his bedside. There is no evidence that the condition of the plaintiff's eyes was such as to require the actual attendance of a physician at his bedside during any of the time that he was confined to his bed or house. * * * The Court further finds that the diseases of the eyes is sickness within the terms of the policy, and that the disability of the plaintiff, which prevents him from performing any occupation, is the result of said sickness, and that the plaintiff is totally disabled from performing or pursuing any work of a gainful character, due to the diseased condition of his eyes."

His Honor concluded as a matter of law, and adjudged, that the plaintiff recover of the defendant $6 per week on one policy, and $2.40 per week on the other policy, from May 30, 1939, till the date of trial, 110 weeks, and interest on...