Kansas City Life Ins. Co. v. Pettit, 13730.
| Decision Date | 05 October 1936 |
| Docket Number | 13730. |
| Citation | 99 Colo. 268,61 P.2d 1027 |
| Parties | KANSAS CITY LIFE INS. CO. v. PETTIT. |
| Court | Colorado Supreme Court |
Rehearing Denied Nov. 2, 1936.
In Department.
Error to District Court, Larimer County; Claude C. Coffin, Judge.
Action by Gladys H. Pettit against the Kansas City Life Insurance Company. To review a judgment for plaintiff, defendant brings error.
Reversed and remanded, with directions.
Grant Ellis, Shafroth & Toll and Dierdre Dunlevy, all of Denver for plaintiff in error.
Mortimer Stone and Alden T. Hill, both of Fort Collins, for defendant in error.
This is an action brought by the widow of one Pettit against the plaintiff in error insurance company to recover an additional indemnity on a life insurance policy issued to her husband. The district court rendered a judgment in her favor. This judgment the company now asks us to reverse.
The record contains a stipulation which presents the sole issue herein, duly agreed upon by the parties, as follows
The policy provided for a minimum payment of $1,000 to the beneficiary as a primary death benefit at death of the insured. This has been paid.
An additional $1,000 is now claimed to be due under the following provision of the policy: 'Should the death of the insured under this policy result from the effects of an accident (during the premium paying period herein) and such death occur within 90 days from the happening of said accident, the amount payable hereunder will be $2,000.00.' The insured died by accident in 1933, about two years after the policy, which was issued in 1915, had become a paid-up policy. The additional $1,000 claimed is alone involved in this case.
By the terms of the policy, annual premiums were to be paid for 20 years, unless by the method selected for paying the second annual premium the insured elected to make the policy a paid-up policy for $1,000 at the end of 15 years. The premium-paying period was thus fixed at 15 years by Pettit's due exercise of such election, and no premiums were paid or were to be paid in or for the period subsequent to said 15 years. As a result of choosing the 15-payment contract, the benefits...
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...Huizar I, 952 P.2d at 344, but clear and unambiguous provisions cannot simply be rewritten by the courts. See Kansas City Life Ins. Co. v. Pettit, 99 Colo. 268, 61 P.2d 1027 (1936)(court cannot make a new contract in lieu of one originally entered into by parties themselves, but court must ......
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