Gunter v. Prudential Ins. Co. of America
| Decision Date | 26 March 1940 |
| Docket Number | 29009. |
| Citation | 100 P.2d 851,187 Okla. 11,1940 OK 151 |
| Parties | GUNTER v. PRUDENTIAL INS. CO. OF AMERICA. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where an insurance policy contains a clause wherein it is provided that upon receipt of proof that the insured has become totally disabled, within the meaning of that term as used in the policy, the insurer will waive premiums which may thereafter become due, and will pay certain disability benefits thereafter accruing, it is a condition precedent to the accrual of liability under such policy that the proof required be furnished while the policy is in force and effect, and where this is not done no recovery can be had.
Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.
Action by Effie Gunter against the Prudential Insurance Company of America to recover certain premiums and certain disability benefits allegedly due under the terms of waiver of premium and total disability provisions contained in two life policies. The actions were consolidated for trial. From judgment in favor of the defendant, the plaintiff appeals.
Judgment affirmed.
J Berry King, George Fagin, and Rittenhouse, Webster & Rittenhouse, all of Oklahoma City, for plaintiff in error.
James H. Ross and V. E. McInnis, both of Oklahoma City, for defendant in error.
On January 28, 1938, the plaintiff in error, hereafter referred to as plaintiff, instituted this and another action against the defendant in error, hereafter referred to as defendant to recover certain premiums which had been paid and certain disability benefits claimed to be due under the terms of waiver of premium and total disability provision contained in two policies of insurance upon the life of one Caldeen Gunter. The provision under which liability was sought to be fixed was the same in both policies, and reads as follows:
"Disability Before Age 60-Waiver of Premium.-
If the insured, after the first premium on this Policy has been paid, shall furnish due proof to the Company, while this Policy is in full force and effect and while there is no default in the payment of premium, that he, at any time after payment of such first premium, while less than sixty years of age, from any cause whatsoever shall have become permanently disabled or physically or mentally incapacitated to such an extent that he by reason of such disability or incapacity is rendered wholly and permanently unable to engage in any occupation or perform any work for any kind of compensation of financial value, the Company upon receipt of such proof will waive the payment of each premium that may become payable thereafter under this Policy during such disability. Without prejudice to any other cause of disability, the permanent loss of the sight of both eyes, or loss by severance of both hands above the wrists, or of both feet above the ankles, or of one hand and one foot, shall be considered disability or incapacity within the meaning of this provision.
Disability Before Age 60 Monthly Income to the Insured.- If such disability shall occur before the Insured is sixty years of age the Company will, in addition to such waiver, pay to the Insured monthly as specified on the first page hereof, the sum of $10 for each $1,000 of the Face Amount of Insurance under the Policy. The first monthly payment shall be made six months after the Company shall have received such proof and subsequent payments shall be made on the first day of each month thereafter during such disability."
The several actions were consolidated for...
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