National Ben. Life Ins. Co. v. Brown
| Decision Date | 30 November 1931 |
| Parties | NATIONAL BEN. LIFE INS. CO. v. BROWN. |
| Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Suwannee County; Hal W. Adams, Judge.
Action by Ansel L. Brown against the National Benefit Life Insurance Company Judgment for plaintiff, and defendant brings error.
Affirmed.
COUNSEL Mack H. Padgett, of Live Oak, for plaintiff in error.
Greene S. Johnston, Jr., and John L. Neeley, both of Tallahassee for defendant in error.
Ansel L. Brown sued the National Benefit Insurance Company upon a policy of life insurance issued by the corporation upon the life of Frank Blackman with the plaintiff Ansel L. Brown as beneficiary. The policy was issued in the sum of $500, which the company agreed to pay to the beneficiary in the event of the death of the insured. The declaration alleges that Blackman died in April, 1930, and during his last illness the defendant represented to the plaintiff, Brown, that, as he was of no blood relation to the insured, Brown could recover nothing upon the policy in the event of the death of the insured, and by such representation, which is alleged to have been false and with intent to deceive, induced the plaintiff to accept a return of all premiums paid, and surrender the policy for cancellation. The declaration unclearly alleges that Brown demanded of the insurance company the payment of the amount due on the policy. It is inferred from this allegation that the demand was made after Blackman's death; thereupon the insurance company made the false representation to Brown and procured from him the policy for cancellation.
The defendant pleaded, first, that it made no such representations as alleged, but, on the contrary, Brown voluntarily returned the policy for cancellation pursuant to his own proposition on the refunding to him by the company of the premiums paid; second, that Brown is estopped from denying the validity of the cancellation of the policy because he did not seek to revive or 'keep alive the policy'; third, that Brown procured the policy on the life of Blackman by fraud by representing himself as guardian to Blackman, which was untrue.
All three pleas were stricken on motion. Thereupon four pleas were interposed--the first and third being the general issue and its equivalent; the second averred that Brown had no insurable interest in the life of Blackman, who in his application stated that Brown was his guardian, which was untrue but defendant, relying upon the false representation issued the policy, discovering that the information was untrue as to plaintiff's relationship to the insured, so informed the plaintiff, who requested a return of the premiums and surrendered the policy for cancellation; fourth,...
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