Imperial Life Ins. Co. v. Cartwright, 8605.
| Decision Date | 13 July 1938 |
| Docket Number | No. 8605.,8605. |
| Citation | 119 S.W.2d 683 |
| Parties | IMPERIAL LIFE INS. CO. v. CARTWRIGHT. |
| Court | Texas Court of Appeals |
Oren Parmeter, of Dallas, for plaintiff in error.
Saulsbury & Skelton, of Temple, for defendant in error.
The parties will be referred to as appellant and appellee.
The judgment of this court, dated March 16, 1938, affirming the judgment of the trial court in the instant case is set aside, and the judgment of the trial court is reformed and affirmed in accordance with the following opinion:
Appellee sued appellant upon its life insurance policy covering the life of L. P. Cartwright, the father of appellee, for the sum of $250. A trial to the court without a jury resulted in judgment for appellee against appellant for $250, the face value of the policy.
Two questions are presented, as follows:
1. The validity of a provision of the policy sued upon limiting the liability of appellant to 10% of the face value of the policy, if a claim thereunder should arise within ninety days from the date of the policy.
2. The sufficiency of the pleadings and the evidence to show fraud, concealment, or misrepresentation with regard to the health of the insured at the time the application for his insurance was made.
Appellant is a state wide mutual insurance company operating under Art. 4859f, Vernon's Annotated Civil Statutes, without capital stock, and authorized by Sec. 9 of said Article to levy assessments upon its members to pay "benefits," and requiring that the certificate of insurance issued so provide, and that it shall state the maximum to be paid. The certificate of insurance issued to deceased provided for the payment of a maximum of $250; and provided that such payment would be made by assessments of the members after notice of death. The policy contained a general provision that in the event liability should arise within ninety days after the date of the policy, only 10% of the face value thereof would be paid. The policy having issued August 12, 1935, and the insured having died August 24, 1935, this provision of the policy would limit the amount of recovery to $25.
In the recent cases of Bankers' Life & Loan Association v. Bond, Tex.Civ. App., 113 S.W.2d 1001, and Bankers' Life & Loan Association v. Chase, Tex.Civ. App., 114 S.W.2d 374, similar limitations of liability if insured should die within 90 days from date of the policies...
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