Metropolitan Life Ins. Co. v. Alston
| Decision Date | 06 February 1947 |
| Docket Number | 6 Div. 476. |
| Citation | 248 Ala. 671,29 So.2d 233 |
| Court | Alabama Supreme Court |
| Parties | METROPOLITAN LIFE INS. CO. v. ALSTON. |
Rehearing Denied March 6, 1947.
McQueen & McQueen and Foster, Rice, Madison & Rosenfeld, all of Tuscaloosa, for appellant.
Wright McFarland & McGuire and Reuben H. Wright, all of Tuscaloosa, for appellee.
The question in this case is whether appellee, suing appellant became totally disabled as the result of disease so as to be prevented thereby from engaging in any business or occupation, and performing any work for compensation or profit beginning prior to the anniversary date of said policy nearest to the sixtieth birthday of insured.
The evidence showed that his sixtieth birthday was May 21, 1944 and that the anniversary date of his policy nearest that date was January 28, 1944.
On February 21, 1944, insured suffered a critical attack of coronary thrombosis while on his way after lunch walking from his residence to a bank in Tuscaloosa, of which he was chairman of the board and real executive head. He was immediately placed under the treatment of his physician, Dr. Shamblin, who called to his aid Dr. Wiesel. He remained under an oxygen tent for several weeks, and in bed for six or seven months. There were other doctors who administered to him, but those were the only doctors who testified. They agreed that from and after February 21, 1944, when he had that attack he was totally and permanently disabled as a result of disease from engaging in any business or occupation or performing any work for compensation.
The question of fact on which depends the right to benefits arising during the continuance of disability is whether such disability occurred prior to January 28, 1944, the anniversary date of the policy 28, 1944, May 21, 1944, the date of his sixtieth birthday.
Dr. Shamblin, his family physician and residing next door to insured, testified in substance that he began treating insured for that ailment in March 1943, and saw him about once a week until July 1st, when he began to visit him on call about twice a week, until his attack in February 1944. He had pains in his chest radiating to his stomach, which indicated that the stage was being set for coronary thrombosis, which is a progressive disease, gradually getting worse. This began in March 1943. By July 1943, in his judgment, insured had become totally and permanently disabled, and he so advised insured, and told him that he ought not to work any more; that it would be injurious to his heart, and would give him serious trouble if he did not quit work. He further testified that by July 1, 1943, he showed clearly and plainly that he had coronary thrombosis, which is a total and permanent disability, and if he did any work it jeopardized his health or life. As to the attack on February 21, 1944, the witness testified:
'That may be a little hard to explain in my terms, but the cause of coronary thrombosis is the closing up of an artery to the wall of the heart, and what happened on that particular occasion was a complete closure. That gave him his fever and his high blood count and the drop in the sedimentation test, and the blood vessel was completely closed up. Until that time, it was a partial closure, which was giving him predominant symptoms of coronary thrombosis. The blood vessel was gradually closing up, and finally on February 21 it made a complete closure and no blood could get through to that part of the heart and that circulation was cut off and that part of heart just dies. That is what gave him the fever; and, then, nature has to heal that over and put scar tissue in place of muscle tissue at that point.
'As the blood goes through the heart, the heart doesn's get any nourishment from that blood. After leaving the heart, another other blood vessel comes off from the big blood vessel leaving the heart and comes back and presses back like the fingers of your hand, and one of these arteries closed up and that gives you coronary thrombosis and it gradually closes up.
'The artery gets smaller and smaller until finally it completely closes and that part of the heart muscle this artery nourishes dies. That dead muscle is what creates the fever and blood count there against the wall of the heart. So, the sedimentation test drops down due to this thrombosis, or cutting off of the circulation to the heart.
Insured testified that he had been chairman of the board since 1935, and had extensive real estate interests. That he first noticed illness coming in early 1943, and consulted Dr. Shamblin constantly: he took soda after each meal; had pains in the upper stomach around the heart. Dr. Shamblin gave him prescriptions from time to time; and insured would frequently call him at night to get relief, two or three times a week: it was very painful. He was highly nervous and in bad shape all through 1943. His duties as chairman of the board were advisory, except that he presided over directors' meetings once a month: his son was vice-chairman, and they advised with each other; that in 1943 he usually went to the bank between nine and ten o'clock, and went to lunch at twelve or twelve thirty, and sometimes returned in the afternoon, but not aften: While there he performed his duties as chairman, although Dr. Shamblin had advised him not to do so. He did not do as much work as formerly, and it was generally in the nature of advice about buying bonds. Claims for disability benefits were prepared by Dr. Wiesel, and he signed them while under the oxygen tent. They give date of February 21, 1944, when he first became totally disabled. He received his salary after July 1943, as before, and it continued while he was still confined to his bed, and has been increased.
The evidence for defendant by the bank officers and employees was that during 1943, he attended generally to his duties as chairman of the board. Being the chief executive officer, he did as he thought desirable, and there was no difference in the work he did at the bank during 1943 from what he did before; but that during that time he was not so well, his feet would swell and he wore slippers at times in his office. In early 1943, he turned over to his son the management of all his real estate, which was very extensive. This was done on account of his health. In September 1944, insured with defendant another proof showing that his total disability began ...
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