Mattison v. Palmetto State Life Ins. Co.

• Decision Date: 05 June 1941
• Docket Number: 15275.
• Citation: 15 S.E.2d 117,197 S.C. 256
• Parties: MATTISON v. PALMETTO STATE LIFE INS. CO.
• Court: South Carolina Supreme Court

15 S.E.2d 117

197 S.C. 256

MATTISON v. PALMETTO STATE LIFE INS. CO.

No. 15275.

Supreme Court of South Carolina

June 5, 1941

Appeal from Common Pleas Circuit Court of Anderson County; A. L Gaston, Judge.

Action by Marie Mattison, administratrix of the estate of Newt Mattison, deceased, and in her own right, against the Palmetto State Life Insurance Company, a corporation, for sick benefits due decedent under policy of insurance and death benefits due plaintiff in her own right, and for actual and punitive damages for deceit and fraud. From a judgment in favor of plaintiff, defendant appeals.

Complaint and demurrer directed to be reported follow:

Complaint

The plaintiff above named, complaining of the defendant respectfully shows to the Court:

For a First Cause of Action:

1. That she is the duly appointed administratrix of the estate of Newt Mattison, deceased, and the beneficiary of the policy of life insurance, issued on the health and life of Newt Mattison under its policy No. 20844.

2. That defendant is a corporation organized under the laws of the State of South Carolina with offices and agents in the county and state aforesaid.

3. That while the above numbered policy of insurance was in full force and effect, plaintiff's intestate became permanently and totally disabled by reason of bodily disease and under the terms of the said policy became entitled to sick benefit payments in the sum of Two Dollars per week claim for which was filed and notice thereof given to defendant; whereupon defendant's agent who had customarily collected premiums at the home of said Newt Mattison, ceased to call at said home to collect premiums, or to pay the said weekly benefits due. That plaintiff's intestate then tendered payment of said premiums at the local office of defendant, which tender was refused, and blanks for filing claims were likewise refused and defendant undertook to lapse said insurance while said Newt Mattison was sick and disabled, and while it was indebted to him for benefits then accrued.

4. That plaintiff's intestate continued sick and disabled and entitled to weekly sick benefits from the -- day of December, 1936, to the date of his death on December 3, 1938 when the death benefit payable to Marie Mattison beneficiary and widow of deceased became entitled to the payment of said death benefit. That defendant refuses to pay either the sick or death benefits, and plaintiff is entitled to judgment against the defendant for sick benefits of TWO Dollars per week from December --, 1936, to the date of the death of said Newt Mattison on December 3, 1938, and the plaintiff in her own right is entitled to the death benefit of One Hundred Dollars.

Wherefore plaintiff prays for judgment against the defendant, for sick benefits of Two Hundred and Eight Dollars, and for the death benefit of One Hundred Dollars and the costs of this action.

For a Second Cause of Action:

1. That she is the duly appointed administratrix of the estate of Newt Mattison deceased, and defendant is a corporation under the laws of South Carolina with offices and agents in Anderson County, South Carolina.

2. That on or about the -- day of December, 1936, plaintiff's intestate was the owner and holder of a certain policy of insurance in defendant corporation, numbered 20844, upon which defendant's agent customarily called at the home of said Newt Mattison to collect premiums, and pay claims when due. On said -- day of December, 1936, plaintiff's intestate became permanently and totally disabled on account of bodily disease, and defendant paid several claims from time to time until on or about the -- day of March, 1937, when defendant's agent called at the home of said Newt Mattison and asked to inspect the said policy of insurance. That said policy of insurance was turned over to said agent for the purpose of inspection, whereupon defendant's agent carried said policy away and failed and refused to return said policy to plaintiff's intestate, or to return and collect premiums on same. That plaintiff's intestate then sent the premium money to the local office of defendant company, and the tender of payment refused at said office and said Newt Mattison's request for blanks to be executed was likewise refused.

3. That the acts of defendant's agent in taking and carrying away the said policy was done wilfully and fraudulently and constituted a fraudulent scheme of defendant to bring about a cancellation of said insurance policy accompanied by a fraudulent act as aforesaid, with intent to cheat and defraud plaintiff's intestate of his rights under said contract of insurance, and as a direct result of said wilful, wanton and fraudulent action of defendant's agent, plaintiff's intestate was damaged in actual and punitive damages in the amount of Fifteen Hundred Dollars.

Wherefore plaintiff prays for judgment against the defendant for the sum of Fifteen Hundred Dollars actual and punitive damages, and the costs and expense of this action.

Demurrer

Now comes the Defendant, Palmetto State Life Insurance Company and demurs to the Amended Complaint of the Plaintiff herein, upon the following grounds, to-wit:

1. That several causes of action have been improperly united therein, in that the First Cause of Action seeks the recovery of alleged contractual benefits under policy of insurance No 20844, and there is improperly joined and united therewith a second cause of action...