Metropolitan Life Ins. Co. v. Phillips, 1 Div. 983.

• Decision Date: 09 June 1938
• Docket Number: 1 Div. 983.
• Citation: 236 Ala. 259,182 So. 35
• Parties: METROPOLITAN LIFE INS. CO. v. PHILLIPS.
• Court: Alabama Supreme Court

182 So. 35

236 Ala. 259

METROPOLITAN LIFE INS. CO. v. PHILLIPS.

1 Div. 983.

Supreme Court of Alabama

June 9, 1938

Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.

Action to recover disability benefits under a life policy by Thomas E. Phillips against the Metropolitan Life Insurance Company. From a judgment for plaintiff, defendant appeals.

Reversed and remanded.

Joseph C. Sullivan, Jr., and Geo. A. Sossaman, both of Mobile, for appellant.

Smith &amp Johnston, of Mobile, for appellee.

BOULDIN Justice.

This court has, in recent cases, carefully considered provisions in policies of life insurance for the payment of Total and Permanent Disability Benefits, with special reference to furnishing to the insured proofs of disability as a condition precedent to liability.

If the policy "provides for benefits upon the existence of the disability while the policy is in force, payable when proof is furnished, its existence while in force is the condition precedent, proof is not a condition to the liability, and may be made after the policy lapses, but within a reasonable time and before suit is begun. Prudential Ins. Co. v Gray , 159 So. 265.

" Equitable Life Assur. Soc. v. Hill, 230 Ala. 505 161 So. 800, 801.

If by express provision of the policy the obligation to pay such benefits is made to depend upon the submission of proofs of disability while the policy is in force, such proof is a condition precedent to liability. Protective Life Ins Co. v. Hale, 230 Ala. 323, 161 So. 248; Equitable Life Assur. Soc. v. Dorriety, 229 Ala. 352, 157 So. 59; McCutchen v. All States Life Ins. Co., 229 Ala. 616, 158 So. 729; McGifford v. Protective Life Ins. Co., 227 Ala. 588, 151 So. 349; New England Mutual Life Ins. Co. v. Reynolds, 217 Ala. 307, 116 So. 151, 59 A.L.R. 1075; Protective Life Ins. Co. v. Cole, 230 Ala. 450, 161 So. 818.

The provision for total and permanent disability benefits in the certificate issued to the insured employee pursuant to the group policy in the instant case reads:

"Total and Permanent Disability Benefits.

"Any employee shall be considered as totally and permanently disabled who furnishes due proof that, as a result of bodily injury suffered or disease contracted while his insurance was in force and prior to his sixtieth birthday, he is permanently, continuously and wholly prevented thereby from performing any work for compensation or profit.

"Upon receipt of due proof of such disability, the Metropolitan Life Insurance Company will pay to such employee, in lieu of the payment at death of the said insurance on the life of such employee, equal monthly instalments based on the amount of insurance in force on such employee at the date of receipt of proof of such disability, as shown in the following table:

Number of Amount

Amount of Monthly of each

Insurance Instalments Instalment

_________ ___________ __________

1,000.00 20 51.04"

The master policy reads to like effect. The obligation to pay is expressly limited to the "amount of Insurance in force on such employee at the date of receipt of proof of such disability."

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