Orr v. Prudential Ins. Co. of America
| Decision Date | 12 January 1931 |
| Citation | 274 Mass. 212,174 N.E. 204 |
| Parties | ORR v. PRUDENTIAL INS. CO. OF AMERICA. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Report from Superior Court, Suffolk County; Charles H. Donahue, Judge.
Action by Lulu A. Orr against the Prudential Insurance Company of America, in which there was a finding for defendant. On report.
Judgment for defendant.
Henry F. Wood, of Boston for plaintiff.
Innes, Cottrell & Myron and Charles T. Cottrell, all of Boston, for defendant.
This is an action of contract upon a policy of insurance on the life of the plaintiff's husband. It was tried in the superior court, by a judge without a jury, upon an agreed statement of facts, without other evidence, and after a finding for the defendant comes before this court on a report of the trial judge.
From the agreed statement it appears that the defendant is an insurance company organized under the laws of the state of New Jersey and, during the period hereafter mentioned, lawfully conducted a life insurance business in Massachusetts; that on July 22, 1924, it issued and delivered in Massachusetts an insurance policy for $10,000 on the life of David L. Orr, payable in the event of his death to Lulu A. Orr, the plaintiff.
A ‘rider form’ was attached to and made a part of the policy. This ‘rider’ stated the consideration for the additional agreement and provided in part as follows: The premiums were duly paid and the policy and ‘rider’ were in force until July 22, 1927. On that date the premium due was not paid, and it has never been paid. In accordance with its terms the policy thereupon became ‘void’ except as otherwise provided by the policy.
Thereafter in accordance with the non-forfeiture provisions of the policy, there was an automatic extended insurance for a period of two hundred and eighy-eight days after July 22, 1927, or to May 5, 1928. On December 10, 1927, the assured was killed a collision between an automobile and a truck. ‘His death was accidental within the meaning of, and occurred in accordance with the conditions specified in said rider.’ Proofs of accidental death were duly filed and after the beginning of this suit the defendant paid to the plaintiff the amount of the death benefit payable under the policy, said payment being made and accepted without prejudice to the rights and liabilities of the parties with respect to the accidental death benefit. ‘The plaintiff claims $10,000, the amount of the accidental death benefit specified in said rider, and the defendant refuses to pay the same solely because said rider states that the accidental death benefit shall be payable pursuant to the following provisions: ‘immediately upon receipt of due proof that such death occurred during the continuance of said Policy while there was no default in the payment of premium. * * * These provisions as to Accidental Death Benefit...
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