Liberty Nat. Life Ins. Co. v. Tellis

Citation146 So. 616,226 Ala. 283
Decision Date09 March 1933
Docket Number6 Div. 303.
PartiesLIBERTY NAT. LIFE INS. CO. v. TELLIS.
CourtSupreme Court of Alabama

Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge.

Action on a policy of life insurance by Jane Tellis against the Liberty National Life Insurance Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals.

Reversed and remanded.

H. H Grooms and Coleman, Spain, Stewart & Davies, all of Birmingham, for appellant.

Willard Drake, of Birmingham, for appellee.

GARDNER Justice.

In the policy, bearing date of October 14, 1929, and upon which this suit is based, is a provision limiting liability to a return of the premiums in event of the death of the insured within one year from its date as a result of heart disease. The insured died June 20, 1930, and the premiums have been duly paid pursuant to the above-noted provision. If the insured died of heart disease, the full measure of liability has been met. The death certificate disclosed the primary cause of his death as "angina pectoris" and "chronic aortitis" as the contributing cause. These statements are to be taken as prima facie true, as against the beneficiary, and, unless contradicted or avoided by competent evidence, they are conclusive. National Life & Accident Ins. Co. v. Puckett, 217 Ala. 110, 115 So. 12; Cotton States Life Ins. Co. v. Crozier, 216 Ala 537, 113 So. 615; Birmingham Trust & Savings Co. v Acacia Mutual Life Ass'n, 221 Ala. 561, 130 So. 327.

Plaintiff insists that the words "angina pectoris" denote a symptom only, and not a disease of the heart. True, Dr Berry, the only witness on the question, gives the Latin derivation as meaning "a pain in the chest," angina meaning pain and pectoris the pectoris muscle, or the chest and true also that the witness on cross-examination stated that angina pectoris may be caused from a number of different matters. But he at once added, "You have got to have heart disease to have angina pectoris." He states emphatically that "angina pectoris is really a name for heart disease. * * * Angina pectoris is based on a disease of the heart. * * * The heart is always involved with angina pectoris." And we find no substantial contradiction in other parts of his testimony, nor elsewhere in the record. The record therefore shows that angina pectoris is a disease of the heart. Indeed, we think this may be said to be the common acceptation of...

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13 cases
  • Commonwealth Life Ins. Co. v. Harmon
    • United States
    • Alabama Supreme Court
    • March 22, 1934
    ... ... 809; Bankers' Credit Life Ins. Co. v ... Ayres, 223 Ala. 407, 137 So. 23; Heralds of Liberty ... v. Collins, 216 Ala. 1, 110 So. 283; Southern Life & ... Health Ins. Co. v. Morgan, 216 Ala ... avoided by competent evidence, are conclusive of the issue on ... that trial. Liberty Nat. Life Ins. Co. v. Tellis, ... 226 Ala. 283, 146 So. 616, and authorities collected; ... National ... ...
  • Pacific Mut. Life Ins. Co. v. Yeldell
    • United States
    • Alabama Court of Appeals
    • January 13, 1953
    ...So. 788; Fleetwood v. Pacific Mutual Life Ins. Co., supra; Jefferson Standard Life Ins. Co. v. Wigley, supra; Liberty National Life Ins. Co. v. Tellis, 226 Ala. 283, 146 So. 616. According to the record this occurred during argument of appellee's 'Mr. Clark: Now, he says he doesn't want you......
  • Woodmen of the World Life Ins. Soc. v. Phillips
    • United States
    • Alabama Supreme Court
    • February 26, 1953
    ...lodge stated that the cause of death was malignant hypertension, and appellant cites the following from Liberty National Life Ins. Co. v. Tellis, 226 Ala. 283, 146 So. 616, 617: 'So considered, therefore, the death certificate disclosed the insured died from a disease of the heart, and, the......
  • Grabove v. Mutual Ben. Health & Acc. Ass'n
    • United States
    • Alabama Supreme Court
    • March 27, 1941
    ... ... action was for sick benefits under a life, accident, and ... health policy of insurance ... Commonwealth Life Ins. Co. v. Harmon, 228 Ala. 377, ... 153 So. 755; Aetna Life ... Co. v ... Horton, 235 Ala. 626, 180 So. 277; First Nat. Bank ... of Birmingham v. Equitable Life Assur. Soc. of ... Commonwealth Life Ins. Co. v. Harmon, supra; Liberty Nat ... Life Ins. v. Tellis, 226 Ala. 283, 146 So. 616; ... ...
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