Liberty Life Insurance Company v. Olive
| Decision Date | 11 November 1929 |
| Docket Number | 188 |
| Citation | 21 S.W.2d 405,180 Ark. 339 |
| Parties | LIBERTY LIFE INSURANCE COMPANY v. OLIVE |
| Court | Arkansas Supreme Court |
Appeal from Lafayette Circuit Court; J. H. McCollum, Judge affirmed.
Judgment affirmed.
R L. Searcy, Jr., G. T. Whatley and Neill Bohlinger, for appellant.
Appellee brought suit against appellant in the circuit court of Lafayette County to recover damages for discontinuing two life insurance policies for $ 1,000 each, issued by it to her, alleging that it wrongfully doubled the maximum premium provided for in the policies, and, upon her refusal to pay same, lapsed the policies; that she was ready, able, willing and anxious to carry out the contract by making the payments as provided in the policies, but that appellant refused to accept same, and had violated its contracts.
Appellant filed an answer, denying the alleged breach of its contracts, and this formed the issue in the case.
On March 22, 1929, the cause proceeded to a hearing, and at the conclusion of the testimony, which was conflicting upon the issue joined, appellant tendered and inserted in the record the following written proposal and request:
"The Liberty Life Insurance Company (appellant here), not admitting, but specifically denying, that it has unjustly raised any rates, hereby offers to reinstate the policies sued on at the rate of $ 1.28 per month, without examination or formality on the part of the insured at all, and put them in force at this date."
Appellee thereupon asked permission to strike out of her complaint the statement that she was "ready, able, willing and anxious to carry out the contract by making the payments as provided in the policy." The trial court refused her request to strike, over her objection and exception; refused to peremptorily instruct a verdict for appellant, over appellant's objection and exception; and, over the objection and exception of appellant, submitted the cause to the jury under the following instruction relative to the issue joined:
"If you find from a preponderance of the evidence in this case that the defendant company demanded of the assured the payment of more money as premiums than was due under the policies, and that the assured refused to pay the same, and that, because of the failure of the assured to pay the same, defendant company lapsed the policies, then your verdict will be for the plaintiff."
The submission of the case to the jury resulted in a verdict and consequent judgment in favor of appellee for $ 376.16, the amount of which is not questioned by appellant, if appellee was entitled to recover anything....
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