McCutchen v. All States Life Ins. Co.
Decision Date | 18 October 1934 |
Docket Number | 6 Div. 584. |
Citation | 229 Ala. 616,158 So. 729 |
Parties | McCUTCHEN v. ALL STATES LIFE INS. CO. |
Court | Alabama Supreme Court |
Rehearing Denied Jan. 24, 1935.
Appeal from Circuit Court, Jefferson County; John Denson, Judge.
Action on a policy of insurance by Annie Mae McCutchen, as guardian against the All States Life Insurance Company. From a judgment of nonsuit, plaintiff appeals.
Transferred from Court of Appeals under section 7326, Code of 1923.
Affirmed.
Harsh Harsh & Hare, of Birmingham, for appellant.
Benners Burr, McKamy & Forman and Grady W. Patterson, all of Birmingham, for appellee.
This court in two recent cases has dealt with policy provisions of similar import to those here involved.
The first of these (New England Mut. Life Ins. Co. v Reynolds, 217 Ala. 307, 116 So. 151, 152, 59 A. L. R. 1075) dealt with a stipulation in a policy of life insurance, saying: ""'If the insured, after payment of premium for one full year and before default in the payment of any subsequent premium, and before attaining the age of 65 years, and while this policy is in full force, shall furnish due proof to the company, at its home office in the city of Boston, that he has become wholly disabled by bodily injury or disease so that he is and will be permanently and continuously prevented from performing any work for compensation or profit or from following any gainful occupation, the company will waive payment of each premium as it thereafter becomes due during the continuance of such disability.""'
We held that, under such provision, "furnishing proof of disability to the insurer is made a condition precedent to the waiver of premium payments."
This holding is now questioned as unsound, and we are asked to reconsider same.
We have examined with care the cases cited in briefs on both sides.
We review briefly the late cases, decided since the Reynolds Case, supra, involving waivers of premiums upon proof of disability; several of them disability due to insanity.
Bergholm v. Peoria Life Ins. Co., 284 U.S. 489, 52 S.Ct. 230, 76 L.Ed. 416, was an action for life and disability benefits. The policy contained the usual stipulation: "If any premium is not paid on the date when due, this policy shall cease and determine." It then stipulated:
The evidence supported a finding "that the insured was totally and permanently disabled from a time before the premiums first became in arrears, and that this condition continued until his death; but no proof thereof was furnished to the company."
Said the court:
The "Marshall policy" referred to was that presented in Minnesota Mut. Life Ins. Co. v. Marshall (C. C. A.) 29 F. (2d) 977. The two cases were differentiated, and the soundness of the Marshall Case, therefore, not questioned.
Egan v. New York Life Ins. Co. (D. C.) 60 F. (2d) 268, was strictly analogous to our Reynolds Case. Disability by insanity had intervened while the policy was in force, but no proof thereof had been furnished. Said the court:
This case was affirmed by the Circuit Court of Appeals, Fifth Circuit, in an opinion by Judge Foster, concluding thus: 67 F. (2d) 899, 900.
Berry v. Lamar Life Ins. Co., 165 Miss. 405, 142 So. 445, 145 So. 887, was also strictly analogous to our Reynolds Case. The decision was the same in effect and upon similar reasoning, expressly reaffirming New York Life Ins. Co. v. Alexander, 122 Miss. 813, 85 So. 93, 15 A. L. R. 314, cited in the Reynolds Case.
Smith v. Missouri State Life Ins. Co., 134 Kan. 426, 7 P.2d 65, likewise presented the same situation as in our Reynolds Case, supra, a similar stipulation, for waiver of premiums, and disability from insanity. The court reviews the cases, pro and con, and quotes with approval from the Reynolds Case. Says the Kansas court: Smith v. Missouri State Life Ins. Co., 134 Kan. 426, 7 P.2d 65, 69.
Much more is said to justify this holding.
Again, Reynolds v. Travelers' Ins. Co. (Wash.) 28 P.2d 310, decided the present year, was an action for the life benefit and also for disability benefits. The stipulation as to waiver of premiums was to like effect as in our Reynolds Case, supra, and total disability from insanity intervened, incapacitating the insured to personally make proof while the policy was in force.
The Washington court first notes that, under the well-settled law of life insurance, insanity will not excuse the payment of the required premiums to prevent a lapse of the policy according to its terms. The opinion proceeds: ...
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