Glens Falls Ins. Co. v. Manning, 7444

• Decision Date: 20 November 1962
• Docket Number: No. 7444,7444
• Citation: Glens Falls Ins. Co. v. Manning, 362 S.W.2d 385 (Tex. Ct. App. 1962)
• Parties: GLENS FALLS INSURANCE COMPANY, Appellant, v. L. Fried MANNING, Appellee.
• Court: Texas Civil Court of Appeals

Page 385

362 S.W.2d 385

GLENS FALLS INSURANCE COMPANY, Appellant, v. L. Fried MANNING, Appellee.

No. 7444.

Court of Civil Appeals of Texas, Texarkana.

Nov. 20, 1962.

Rehearing Denied Dec. 11, 1962.

Ramey, Brelsford, Hull &Flock, Tyler, for appellant.

Howard A. Carney, Carney & Mays, Atlanta, for appellee.

CHADICK, Chief Justice.

This is a suit to collect medical payments under the provisions of an insurance policy. The judgment of the trial court awarding a recovery is modified, and as modified, affirmed.

On November 19, 1957, Glens Falls Insurance Company issued its Comprehensive Personal Liability Policy No. CP-373136, effective for a period of one year from date, naming therein Lemle Fried Manning as insured. Thereafter on November 19, 1958, it issued and delivered to the insured a renewal rider for Attachment to the policy renewing the policy for a period ending November 19, 1959. Concurrent with this renewal rider it also issued another rider, Form G 522a, effective on and after November 19, 1958, for attachment to the policy; this second rider was labeled Amendment of Comprehensive Personal Liability Policy.

In February of 1959 the mother-in-law of the insured, Mrs. E. C. McKinnon, while a guest on his premises, had the misfortune to fall and fracture her hip. In the year following the mishap medical expense of the nature described in the insurance policy under Coverage B--Medical Payment totalling $2,162.82 was incurred in the treatment of Mrs. McKinnon's injury.

The basic issue between the parties in the trial court, as well as here, is whether or not the policy contains a limitation upon the amount of medical expense the insurance company is liable to pay within one year from the date of Mrs. McKinnon's injury. The primary policy and the rider mentioned contain the following provisions pertinent to the issue in this case, to-wit:

'GLENS FALLS INSURANCE COMPANY

Glens Falls, N. Y.

(A stock insurance company, herein called the company)

'Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of the policy:

'INSURING AGREEMENTS

'1. Coverage A--Liability

* * *

'Coverage B--Medical Payments

'To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident,

'(1) while on the premises with the permission of an insured, or

(2) while elsewhere if such injury, sickness or disease (a) arises out of the premises or a condition in the ways immediately adjoining, (b) is caused by the activities of an insured, (c) is caused by the activities of or is sustained by a residence employee while engaged in the employment of an insured, or (d) is caused by an animal owned by or in the care of an insured.

* * *

'DECLARATIONS

'Item 1. * * *

'Item 2. * * *

'Item 3. The limit of the company's liability against each coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.

---------------------------------------------------------------------------
                       Coverages            Limits of Liability      Premiums
                ---------------------------------------------------------------------------
                A. Liability             $10,000.00 each occurrence  $10.00
                B. Medical Payments      $   250.00 each person        2.00."
                ---------------------------------------------------------------------------
                

"* * *

"11. Changes. * * * * * *; nor shall the terms of this policy be

waived or changed, except by endorsement issued to form a part of this

policy."

* * *

'G 522a

'AMENDMENT OF COMPREHENSIVE PERSONAL LIABILITY POLICY

'It is agreed that the policy is amended as follows:

'1. * * *

'2. Coverage B--Medical Payments is replaced by the following:

Coverage B--Medical Payments: To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident,

'(1) while on the premises with permission of an insured, or

'(2) while elsewhere if such injury, sickness or disease (a) arises out of the premises or a condition in the ways immediately adjoining, (b) is caused by the activities of an insured, (c) is caused by the activities of or is sustained by a residence employee and arises out of and in the course of his employment by an insured, or (d) is caused by an animal owned by or in the care of an insured.'

A rider attached to an insurance policy, as a general rule, merges into the insurance policy to which it is attached. Kelley-Goodfellow Shoe Co. v. Liberty Ins. Co., 8 Tex.Civ.App. 227, 28 S.W. 1027; American Fire Ins. Co. v. First Nat. Bank et al., Tex.Civ.App., 30 S.W. 384; Home Ins. Co. of New Orleans v. Cary, 10 Tex.Civ.App. 300, 31 S.W. 321; American Fire Ins. Co. v. Center, Tex.Civ.App., 33 S.W. 554; Allred v. Hartford Fire Ins. Co., Tex.Civ.App., 37 S.W. 95; City Drug Store v. Scottish Union & National Ins. Co., Tex.Civ.App., 44 S.W. 21; American Fidelity & Casualty Co., Inc. v. Bayshore Bus Lines, Inc., 5 Cir., 201 F.2d 148; 1 Couch on Insurance 2d, Sec. 4:24. In seeking the true scope of the entire insurance agreement, and in order to give...