Heilig v. Nat'l Life Ins. Co

• Decision Date: 16 April 1913
• Citation: 77 S.E. 997,162 N.C. 521
• Parties: HEILIG. v. NATIONAL LIFE INS. CO.
• Court: North Carolina Supreme Court

77 S.E. 997

162 N.C. 521

HEILIG.

v.NATIONAL LIFE INS. CO.

Supreme Court of North Carolina.

April 16, 1913.

Insurance (§ 151^*)—Life Insurance—Contract—Application—Provision as to Suicide.

A life policy provided that it and the application, "a copy of which is hereon indorsed, * * * constitute the entire contract." The original of the application indorsed on the policy consisted of two attached sheets, each signed by applicant, the first containing the formal words of application, and concluding with agreement that "this application and the answer to the medical examiner and the policyapplied for shall constitute the entire contract, " the second containing the answers to the medical examiner, and concluding above applicant's signature: "I hereby certify that I have read all the statements and answers in this application and agree * * * that if. within one year from date of the policy, I shall suicide, * * * the policy hereby applied for shall be null and void. Held, the provision as to suicide was part of the contract of insurance.

[Ed. Note.—For other cases, see Insurance, Cent. Dig. §§ 308-311; Dec. Dig. § 151.^2-*]

Appeal from Superior Court, Rowan County; Whedbee, Judge.

Action by Katie L. Heilig against the National Life Insurance Company. Judgment for defendant. Plaintiff appeals. Affirmed.

Jerome & Price and Craige & Craige, all of Salisbury, for appellant.

T. C. Linn and Stahle Linn, both of Salisbury, for appellee.

PER CURIAM. The plaintiff seeks to recover upon a policy of insurance issued by the defendant on April 26, 1910, alleging the death of the insured on or about September 30, 1910. The defendant admitted the execution and delivery of the policy and the death of the insured, but denied liability, for that the insured had suicided or destroyed himself, while sane or insane, within 12 months after the issuance of the policy, in violation of the terms of the contract of insurance. The plaintiff excepted to the submission of the issue as to suicide, upon the ground that the provision as to suicide is not properly made a part of the contract of insurance. The jury answered the issue as to suicide for the defendant, and, judgment having been entered accordingly, plaintiff excepted and appealed; the sole question presented to the court being whether the provision as to suicide relied upon by the defendant is properly made a part of the contract of insurance.

The policy contains the following provisions:

"(a) Consideration—This policy is issued in consideration of the application therefor and a premium of two hundred ninety-four and 14/100 dollars.

"(b) Policy the Entire Contract—This policy and its application, which is made a part hereof, and a copy of which is hereon endorsed, together with general provisions contained on the reverse of this paper, which are hereby made a part of this policy as fully as if they were recited at length over the signatures hereunto affixed, constitute the entire contract between the parties."

The original application, which is made a part of the policy, and which is indorsed in its entirety thereon, consists of two attached paper writings. '

The first sheet, designated as "Application Form A, " contains the formal words of ap plication, stating...