Livingston v. Aetna Life Ins. Co., 14465
| Decision Date | 11 January 1952 |
| Docket Number | No. 14465,14465 |
| Citation | 246 S.W.2d 261 |
| Parties | LIVINGSTON v. AETNA LIFE INS. CO. |
| Court | Texas Court of Appeals |
O'Connor & Douglass, Dallas, for appellant.
Thompson, Knight, Wright, Weisberg & Simmons and Pinkney Grissom, all of Dallas, for appellee.
Appellant Sam Livingston, as plaintiff, filed two separate suits (consolidated before trial) against Aetna Life Insurance Company, hereinafter called Aetna, as defendant, seeking a recovery for total and permanent disability alleged to have been suffered by him in March 1948 and claimed by him to be compensable under Aetna's policy No. 3380. Defendant in its answer asserted its policy No. 3380, covering both death and total and permanent disability benefits, terminated in March 1946; that policy No. T-3380 was issued, effective on the same date policy No. 3380 terminated; that no premiums were paid on policy No. 3380 since March 1946; further, that policy No. T-3380 in force since the termination of policy No. 3380, does not cover benefits for total and permanent disability, but only for death benefits.
By supplemental petition plaintiff claimed Aetna policy No. T-3380 was a nullity, since a copy thereof was not filed with the Commissioner of Insurance of the State of Texas; also that such policy, because not so filed with such Commissioner, did not cancel policy No. 3380. The parties will be referred to as in the trial court.
After issues were joined by the pleadings, defendant Aetna filed a motion for a summary judgment supported by proper affidavits, etc. On a full hearing on such motion the trial court sustained the motion and entered a take nothing judgment against the plaintiff Livingston, and this appeal has been properly perfected from such judgment.
Appellant briefs but two points of error, in substance: Error of the trial court in rendering the summary judgment because (1) the pleadings raised a real issue of fact as to whether or not plaintiff agreed to the cancellation of policy 3380 and an acceptance of coverage under policy T-3380; and (2) the group policy and his certificate thereunder could not be changed since policy T-3380 was delivered in Texas and a copy of such policy was not filed and approved by the Commissioner of Insurance of the State of Texas.
On the hearing on the motion for summary judgment the evidence was undisputed. The original policy No. 3380 was issued by defendant, as insurer, to the Swift & Company Employees Benefit Association, hereafter called Association, and by its terms was (a) a group policy; (b) one year term; (c) renewable monthly thereafter at the option of the Association; (d) nonparticipating; (e) premiums payable monthly; (f) with death and total permanent disability benefits plus waiver of premiums during total and permanent disability; (g) all in favor of members of the Association who paid to the Association,...
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Drinkard v. Group Hospital Service, Inc., 16108
...can be no liability. They cite Phillips v. Great Nat. Life Ins. Co., Tex.Civ.App., 226 S.W.2d 660, no wr. hist.; Livingston v. Aetna Life Ins. Co., Tex.Civ.App., 246 S.W.2d 261, err. ref.; Washington Nat. Ins. Co., v. Ollie, 200 Ark. 1001, 142 S.W.2d 226. These cases merely hold that a grou......
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...policy terminated by agreement on October 31, 1968, Girard's liablity under said policy ceased. Livingston v. Aetna Life Ins. Co., 246 S.W.2d 261 (Tex.Civ.App., Dallas, 1952, writ ref.). We are of the opinion that Drinkard v. Group Hospital Service, Inc., 366 S.W.2d 637 (Tex.Civ.App., Dalla......