Mid-Continent Life Insurance Co. v. Parker
| Decision Date | 03 March 1930 |
| Docket Number | 190 |
| Citation | 25 S.W.2d 10,181 Ark. 213 |
| Parties | MID-CONTINENT LIFE INSURANCE COMPANY v. PARKER |
| Court | Arkansas Supreme Court |
Appeal from Boone Circuit Court; J. F. Koone, Judge; affirmed.
Judgment affirmed.
Rittenhouse Lee, Webster & Rittenhouse, J. M. Shinn and W. B. Foster, for appellant.
V. D Willis and Shouse & Rowland, for appellee.
Appellee sued appellant, as beneficiary in a life insurance policy issued by appellant to George N. Parker for $ 2,000. The application was dated February 9, 1929; the policy was issued dated March 1, 1929; and the insured died April 29, 1929.
Appellant defended on the grounds, (1) that the insured falsely and fraudulently misrepresented the condition of his health by stating he was in good health, that no physician had ever expressed an unfavorable opinion as to his insurability, and that he had not suffered any illness or consulted any physician during the past seven years; (2) that the premium had not been paid, in violation of the policy; and (3) that he was in bad health when the policy was delivered in violation of another provision of the policy.
There was a trial to a jury, which resulted in a verdict and judgment for appellee. For a reversal it is urged that the insured gave his note for a portion of the premium to the agent who took the application, and that this note had not been paid prior to the death of the insured, in violation of a provision of the policy that the premium must be paid prior to the death of the insured. Appellant does not contend that it was not paid its share of the premium, but only that the note given the agent was not paid. If it were important (and we do not think so), the undisputed proof shows the amount of the note was paid to the agent before the insured's death.
It is next urged that the court erred in permitting appellee to prove what occurred at the time appellant's agent took the application for the policy. She and her daughter, who were both present, were permitted to testify over appellant's objections and exceptions that, when Waterfield, the agent, came to write the application, the insured told him that he had been sick with the flu, that his heart was weak, and that he was taking medicine; showed him the medicine he was taking and the agent said: "This is digitalis; my wife takes that; that don't amount to nothing." According to appellee and her daughter, the agent asked the questions, and the insured gave him correct answers, held back nothing about any illness or consultation with physicians, but that the agent wrote answers in the application to suit himself, stated his illness didn't amount to anything, that what the company complained...
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