Jones v. Prudential Insurance Company of America

• Decision Date: 14 January 1921
• Citation: 236 S.W. 429,208 Mo.App. 679
• Parties: ANNA JONES, Respondent, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant
• Court: Missouri Court of Appeals

236 S.W. 429

208 Mo.App. 679

ANNA JONES, Respondent, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant

Court of Appeals of Missouri, Springfield

January 14, 1921

Appeal from Circuit Court of Jasper County.--Hon. Grant Emerson Judge.

REVERSED.

Judgment reversed.

James P. Mead for appellant.

This is an industrial policy and is for death benefits, as shown by the terms thereof, and as defined by our laws (See R. S 1919, section 6200), and was not an accident policy and no liability created in the event of an accident. 1 Joyce on Insurance (2 Ed.) page 86; Metropolitan Insurance Company v. Hardson, 208 Mass. 386, 94 N.E. 477. No liability attached on account of the accident and the policy being void at the time of the death, no liability could attach. In other words, if Lee Jones had not died, and his policy had been kept in force, there would have been no liability, and the event of his death occurring after the policy became absolutely void by the terms thereof, no liability could attach. 4 Joyce on Insurance (2 Ed.), page 4769.

Pearson & Butts for respondent.

No brief filed by respondent.--REPORTER.

FARRINGTON J. Cox, P. J., and Bradley, J., concur.

OPINION

FARRINGTON, J.

--The plaintiff in this suit recovered a judgment in the circuit court of Jasper county, on an insurance policy issued by the defendant in the sum of $ 165, and it is from the judgment thus rendered that defendant brings its appeal here.

STATEMENT OF THE CASE--As the cause was tried in the circuit court on the pleadings and a stipulation of facts, the question to be decided can best be understood by setting forth the pleadings, the stipulation of facts, and the portions of the policy which are material to the question. The petition is as follows:

"Plaintiff states that on the 3rd day of March, 1919, she was duly authorized by the probate court of said Jasper county, to collect, sue for and retain as her absolute property the estate of Lee Jones, deceased, as the widow of said Lee Jones. That said defendant is an insurance corporation carrying on the business of life and accident insurance in the State of Missouri, with authority to sue, and the liability to be sued under the laws and in the courts of the State of Missouri, and having an office and an agent for the transaction of its usual business in the said township and county.

Plaintiff says that heretofore, to-wit, on the 8th day of November, 1919, the defendant by its agents in consideration of the premiums, statements and agreements mentioned in its policy of insurance to the said Lee Jones, deceased, which policy is numbered 45,850,008, and a copy thereof marked "Exhibit A" attached hereto and filed herewith, agreed to insure said Lee Jones against death by accident.

Plaintiff further says that deceased Lee Jones paid the premiums and performed the conditions to be performed under the conditions of said policy, and that the said policy was in full force and effect at the time of said deceased's injury and death. That it is provided in said policy that the defendant did hereby insure the said Lee Jones during the time said policy was in force in the sum of $ 165 if the insured should die within six months from the date thereof if such death should be caused by accident.

And plaintiff says that said deceased Lee Jones while engaged in the performance of his usual duties, was accidentally injured while aiding in the loading into a railroad car sacks of flour from an adjoining mill, to-wit, the Brand-Dunwoody mill at Joplin, Missouri, when as the result of the jolting violently of another car against the one in which he was working, a large sack struck him and knocked him down and striking his back against the handles of a truck, painfully bruising and injuring his back in the region of the kidneys--that as a result thereof he was made sick and sore and caused to become of weak and enfeebled health and subject to infection and as a direct result of said accidental injury did become infected and poisoned and of the ensuing complications so directly caused, died on the 12th day of February, 1919.

Plaintiff states that due notice of the injury and death of deceased and the cause thereof was furnished said defendant, and offer of proofs made, but said company declined to furnish blanks for such purpose, or to entertain or pay the claim, and the same is due and wholly unpaid, and that such refusal is without reasonable cause and is vexatious.

Wherefore, plaintiff prays judgment in the sum of $ 165 on said policy, together with ten per cent added on account of such vexatious refusal, and a reasonable attorney's fee of $ 100 as by law provided."

The answer is as follows:

"Further answering defendant admits however that it is a corporation duly authorized to, and is, transacting an insurance business in the State of Missouri as alleged in plaintiff's petition, and that on the 4th day of November, 1918, it issued to Lee Jones a policy of insurance in the sum of $ 165.

"Defendant states that the policy of insurance so issued to Lee Jones contained the following conditions to-wit: "Should the insured die while the premium on this policy is in arrears for a period not exceeding four weeks, the company will pay the amount of insurance provided herein subject to the conditions of the policy, but after the expiration of said period of grace the liability under this policy shall cease." That the policy provided for the payment by the assured the weekly premium of 15 cents said weekly premium to be paid on or before each and every Monday during the continuance of this policy.

"Defendant further states that the last payment of weekly premiums paid by, or for, said Lee Jones was the one due November 25, 1918, and that the said policy was void and of no effect at the date of the alleged death of the said Lee Jones, viz. February 12, 1919."

The following agreed statement of facts was entered into between the parties:

"AGREED STATEMENT OF FACTS.

"Now come the above named parties by their respective attorneys and for the purpose of facilitating matters in the trial of this cause, submit the following agreed statements of facts:

"1st. That said plaintiff, Anna Jones, is the widow of Lee Jones, deceased, and is authorized as such to maintain this action, and to receive the proceeds of any recovery herein.

"2nd. That on the 4th day of November, 1918, the defendant issued its policy of insurance to Lee Jones, now deceased, and entered into a contract of insurance with said Lee Jones, which contract and the relations, benefits and obligations thereof between the said insurer and insured is witnessed by the said policy, being No. 45,850,008, which policy is included and submitted herewith to be considered and construed under the issues made by the pleadings.

"3rd. That the said Lee Jones died on the 12th day of February, 1919, the immediate cause thereof being pneumonia, the same following from and as the direct result of an accident, which accident occurred on the 23rd day of December, 1918.

"4th. That the last payment of the weekly premium on said policy as therein provided was about the 23rd day of December, 1918, and within the limitations of the four weeks period of grace provided in said policy, and that no payment of said weekly premiums so stipulated to be paid in said policy was paid after that date.

"5th. That all requirements of notice to the insurer of said death, and demands by beneficiary are fully complied with or are waived by defendant; that defendant has refused to pay and has not paid the benefits stipulated in said policy nor any part of same; the parties intending under this agreed statement to try the question whether the insurer is liable under said policy for the accidental death of insured where the accident occurred and the death followed at the time above agreed, under the status of said policy as determined by the premium payments as also agreed.

"It is also agreed that there is or was no vexatious delay chargeable to defendant and that it is not liable for damages or attorneys' fees in consequence thereof.

"6th. This agreed statement is for the purposes of this trial only and is not to bind the parties in any other respect.

"(Signed) R. A. PEARSON, Attorney for Plaintiff.

"JAMES P. MEAD, Attorney for Defendant."

The provisions of the policy germane to the issue here are as follows:

"The policy sued is No. 45,850,008, and is as follows, to-wit: excluding all parts upon which there is no issue and does not relate to any material matter in controversy in this case.

"In consideration of the weekly premiums herein specified on or before each and every Monday during the continuance of this policy or until the anniversary date of the policy immediately preceding the 70th anniversary of the birth of the insured.

"The Prudential Insurance Company of America,

"Immediately upon receipt of due proof of death of the insured during continuance of this policy, will pay at its home office, Newark, N.J., the amount of insurance herein specified to the executors or administrators of the Insured, unless payment be made under the provisions of the next succeeding paragraph.

"Facility of Payment. It is understood and agreed that the said Company may make any payment or grant any nonforfeiture provision provided for in this policy to any relative by blood or connection by marriage of the Insured, etc.

Name of Insured. Lee Jones, age next birthday 40, amount of insurance $ 165, weekly premium 15 cents.

"If the insured shall die within six months from the date hereof the amount of insurance will be reduced one-half, except that if such death shall have been caused by accident the full amount of insurance will be paid.

"Payment of Premium....