Provident Life & Acc. Ins. Co. v. Pressley
| Decision Date | 07 April 1953 |
| Docket Number | 4 Div. 191 |
| Citation | 64 So.2d 618,37 Ala.App. 153 |
| Parties | PROVIDENT LIFE & ACCIDENT INS. CO. v. PRESSLEY. |
| Court | Alabama Court of Appeals |
Smith & Smith and Roy L. Smith, Phenix City, for appellant.
Albert L. Patterson, Phenix City, for appellee.
The complaint consists of one count, declaring on a policy of insurance, in which it is averred that defendant, on the 1st day of September, 1947, insured the life of George Robert Hill, who died on the 2nd day of April, 1949, of which defendant has had notice.
Defendant pleaded the general issue. It is manifest from the record however, that both parties tried the cause to its conclusion as if issue had been joined upon a special plea. Dillworth v. Holmes Furniture & Vehicle Co., 15 Ala.App. 340, 73 So. 288, and authorities there cited.
On the trial plaintiff's exhibit No. 2 was introduced in evidence as the 'insurance policy' under the terms of which recovery is sought in this case.
Plaintiff's contention was that George Robert Hill was employed by the Muscogee Manufacturing Company and was covered by a policy of group insurance issued to that company by appellant. Insured became totally and permanently disabled in August, 1948, and because of such disability, which continued until his death, he was entitled to a waiver of the premiums on said policy.
Plaintiff's exhibit No. 2, however, is merely the certificate issued to the employee, evidencing his right to benefits under the group policy. The certificate reads, in pertinent part, as follows:
'Provident
Life and Accident Insurance Company
'Chattanooga, Tennessee
'(Herein called the Insurance Company)
'Certifies that the person named on the filing back of this certificate and employee of Muscogee Manufacturing Company (Herein called the Employer) is insured for the benefits described in this certificate, subject to the terms and conditions of Group Life Policy No. 4780-L and Group Disability and Hospital and Surgical Expense Policy No. 4780.
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'This certificate on its effective date automatically replaces any certificate or certificates previously issued to the Employee under Group Life Policy No. 4780-L and Group Disability and Hospital and Surgical Expense Policy No. 4780, or under any other group policy issued by the Insurance Company, and such certificates are void.
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'Certificate
'Issued in Connection with Group Life Policy No. 4780-L and Group Disability and Hospital and Surgical Expense Policy No. 4780 by the Life and Accident Insurance Company Chattanooga, Tennessee to an Employee of Muscogee Manufacturing Company
'(Please read your Certificate)'
'It is well settled that two writings connected by reference one to the other, or simultaneously made, with respect to the same subject matter and proved to be parts of an entire transaction constitute but a single contract as if embodied in one instrument.' Moorer v. Tensaw Land & Timber Co., 246 Ala. 223, 20 So.2d 105, 107.
It is also established law that in suits to recover under the terms of a group policy, 'The policy contract...
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Commercial Contractors, Inc. v. U.S. Fidelity & Guaranty Co.
...a single contract, Moorer v. Tensaw Land & Lumber Company, 1945, 246 Ala. 223, 20 So.2d 105; Provident Life & Accident Insurance Company v. Pressley, 1953, 37 Ala.App. 153, 64 So.2d 618. Where contract terms are free of ambiguity, subsequent conduct by the parties will not be admitted to sh......
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