Kingsland v. Mo. State Life Ins. Co.

• Decision Date: 04 December 1933
• Docket Number: No. 17933.,17933.
• Citation: 66 S.W.2d 959
• Parties: EARL W. KINGSLAND, APPELLANT, v. MISSOURI STATE LIFE INSURANCE COMPANY, RESPONDENT.
• Court: Missouri Court of Appeals

66 S.W.2d 959

EARL W. KINGSLAND, APPELLANT, v. MISSOURI STATE LIFE INSURANCE COMPANY, RESPONDENT.

No. 17933.

Kansas City Court of Appeals. Missouri.

December 4, 1933.

Appeal from Circuit Court of Pettis County. — Hon. Dimmitt Hoffman, Judge.

AFFIRMED.

Crawford & Harlan for appellant.

Montgomery, Martin & Montgomery, Allen May and Harold D. Knight for respondent.

SHAIN, P.J.

This action by Earl W. Kingsland, plaintiff, against Missouri State Life Insurance Company, defendant, is based upon a group insurance policy.

The policy in question was issued to the Missouri Pacific Railroad Company, insuring under its provisions the lives of the employees of said railroad and further provided for insurance coverage designated as, "Total Permanent Disability Benefits."

The plaintiff's petition is a plain and concise statement of facts of his cause of action. The defendant answers by setting up provisions of the policy and an allegation of fact upon which it denies liability.

The fact so set up, being an allegation, that the policy by act of the employer of plaintiff had terminated on October 3, 1931, and that by reason of said termination no liability existed.

Plaintiff in reply admits the allegations in first and second paragraphs of defendant's answer and admits to the third paragraph, with exceptions, that will be more clearly set forth in the opinion.

After pleadings were thus made up, the defendant filed a motion for judgment on the pleadings, the same was taken up, considered by the court and the issue was resolved by the court in favor of the defendant and judgment rendered for defendant. From this judgment plaintiff has duly appealed.

Under the pleadings, it stands admitted that the policy was issued about October 1, 1927, that it had been terminated by the act of the employer on October 3, 1931, at midnight, that the plaintiff on June 19, 1931, while an employee, received an injury from which he became totally and permanently disabled and that the policy was at that time in full force and effect. It is further admitted that plaintiff at that time had not reached the age of sixty years, that plaintiff's total and permanent disability was directly due to the injury, that the same had existed for a period of six months or more before the filing of this suit and that the plaintiff had submitted to defendant due proof after six months of total and permanent disability.

The solution of the question presented involves an interpretation of the "Total Permanent Disability Benefits" clause set forth in defendant's answer. The said clause is as follows:

"Total and Permanent Disability Benefits. — If an employee insured under this policy shall furnish this company with due proof that before having attained the age of 60 years, he or she has become totally and permanently disabled by bodily injury or disease, and that he or she is then, and will be at all times thereafter, wholly prevented thereby from engaging in any gainful occupation, and that he or she has been so permanently and totally disabled for a period of six months, the company will immediately pay to such insured in full settlement of all obligations hereunder as to such insured's life, the amount of insurance in force hereunder on such insured at the time of the approval by the company of the proof as aforesaid." (Italics ours.)

The questions presented herein are indicated by our italics above.

As the policy terminated by the act of the employer less than four months after the injury, it follows that no total and permanent disability of six months duration existed at the time the policy was so terminated.

The plaintiff in his reply presents that the policy issued to his employer does not exclusively govern plaintiff's rights, for the alleged reason that the defendant had issued and delivered to plaintiff a certificate of insurance, which was based upon the group insurance provided for in the policy issued to his employee. It is further contended by plaintiff that, by reason of the issuance of the above alleged certificate of insurance to him, the termination of the policy issued to the employer did not affect his rights based upon his injury occurring in June, when the policy secured for his benefit was in full force and effect. If such a certificate of insurance was issued to this plaintiff, then it became the duty to plead thereon. There should have been some allegation as to the terms and conditions of such certificate that changed or altered the conditions of the policy sued on in this case, or better still, if plaintiff had sued on the alleged certificate of insurance, which he says was issued to him. As the matter stands in the pleading, there is nothing shown that gave to the trial court or that gives to this court any opportunity to ascertain whether said certificate gave to the plaintiff any right...