Roberts v. Interstate Life & Acc. Ins. Co.

• Decision Date: 18 November 1957
• Docket Number: No. 40576,40576
• Citation: 98 So.2d 632,232 Miss. 134
• Parties: Lillie B. ROBERTS v. INTERSTATE LIFE AND ACCIDENT INSURANCE COMPANY.
• Court: Mississippi Supreme Court

Page 632

98 So.2d 632

232 Miss. 134

Lillie B. ROBERTS v. INTERSTATE LIFE AND ACCIDENT INSURANCE COMPANY.

No. 40576.

Supreme Court of Mississippi.

Nov. 18, 1957.

H. C. (Mike) Watkins, Meridian, for appellant.

Snow & Covington, Meridian, for appellee.

ETHRIDGE, Justice.

At the time of insured's death, the $1,100 life insurance policy written by appellee Interstate Life and Accident Insurance Company insured him against the sustaining of 'bodily injuries effected solely through violent, external, and accidental means, and * * * such bodily injuries (as) have directly and independently of all other causes, caused the death of the Insured'.

A later part of the policy contained a section designated 'Exceptions', which provided in part: 'No indemnity for Death by Accidental Means shall be payable if death results * * * (c) from injuries intentionally inflicted upon the Insured by himself, while sane or insane, or by any other person other than burglars or robbers, (d) from participation in an assault or felony, * * *.'

Albert Roberts, the insured, was killed by Mack Thomas. In a suit on the policy, brought by the widow, appellant Lillie B. Roberts, in the County Court of Lauderdale County, the jury returned a verdict for plaintiff and judgment was entered thereon. Defendant insurance company appealed to the Circuit Court. In reversed the county court and rendered judgment for defendant, on the ground that the evidence showed that Thomas was not a burglar or robber, but he killed Roberts as the result of an argument over a debt Roberts owed him. Therefore, it was said, insured was intentionally killed by a person other than a burglar or robber, and such death is excepted from coverage of the policy.

The question is whether there was substantial evidence to support the finding of the jury in the county court that Roberts was killed by a burglar or robber, or, stated differently, whether the testimony created an issue of fact for the jury to decide.

The declaration alleged that the contract of insurance insured the risk of death inflicted upon insured by a person while committing the crimes of burglary or robbery. The beneficiary, plaintiff, had the burden of proving this allegation. 21 Appleman, Insurance Law and Practice (1947), Sec. 12181.

With reference to the circuit court's action directing judgment for defendant insurance company, the evidence and all reasonable inferences from it must be construed most favorably to plaintiff. This rule is particularly applicable here, since the county court jury returned a verdict for plaintiff. And if there is any reasonable evidence upon which the jury's verdict could have been based, it should be upheld.

Albert Roberts, a Negro man about 32 years of age, worked for Mr. Press Tinnin, a farmer and merchant, and lived on his place about 8 miles out of the City of Meridian. He earned a salary of $30 per week. On Saturday morning, December 4, 1954, Tinnin paid Roberts that amount, less $7 owed Tinnin on Roberts' charge account at the store. Roberts and his wife Lillie were not living together at that time. On the morning of December 4 he went to the place where his wife was staying, and they agreed to resume cohabitation. He gave her $2 which he took from a wallet he was carrying. She testified that Albert paid no rent on the house in which he was living, raised most of his food, and about the only expense he had was for insurance premiums. Plaintiff observed when he gave her the $2 that he had a sizable amount of money in his wallet.

About six weeks before the killing on December 5, Mack Thomas asked Tinnin for regular work, and was informed that a neighbor would probably hire him, and he could do extra jobs for Tinnin. Thomas then moved in the house where Roberts was living on Tinnin's place, and the two men lived there together up until about a week before Roberts was killed, at which time Thomas moved to a house on a nearby farm where he was working. On Sunday morning, December 5, Roberts bought gasoline at Tinnin's store and charged the purchase. Tinnin stated that this was customary. He then asked Roberts to tell Thomas to come and do some work for him on Monday. That Sunday afternoon Thomas, Roberts, Bell and a girl rode around together in Roberts' car. He bought some beer for them, and at about sunset Roberts drove the girl and Bell home. Bell said that was the last time he saw Roberts and Thomas that day. He did not observe any animosity or ill-feeling between them while he was with them.

That Sunday night, December 5, Mack Thomas came to Tinnin's house before midnight and waked him up. Tinnin said Thomas wanted him to see about Roberts, whom Thomas said he had hit in an argument about some money Roberts owed him. Tinnin went to Roberts' house and found him stretched out on a bench dead, with his head split open by an axe. Thomas told him the axe was leaning against the pump house. Tinnin went to the back door and found a piece of galvanized pipe leaning against the wall. Roberts had been sitting on a small bench next to a table, repairing a radio. He did repair work or radios and watches. Tinnin said that the blow hit Roberts on the forehead and skull and he fell backwards. There was a gash on the wall where apparently the first blow from the axe had hit after missing Roberts. Roberts had in his hip pocket a toy pistol. Tinnin testified: '* * * it looked like this Negro Mack Thomas took him up and raffled his pockets and later moved him, because his blood was puddled up at one place and his brains was laying out to one side away from the puddle of blood. * * * I did not see him riffle the house and the dead man's pockets but I know that there was no money on him when the officers got there and that two of his pockets were turned wrong side out.' These statements were objected to but the court did not rule on them. Tinnin further said that the bedclothes were on the floor and the mattress turned up and in a roll. 'Everything had been gone through and torn up or...