Robinson v. Occidental Life Ins. Co. of Cal.
| Decision Date | 18 March 1955 |
| Citation | 281 P.2d 39,131 Cal.App.2d 581 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Leslie L. ROBINSON, Plaintiff and Appellant, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, a corporation, and California Western States Life Insurance Company, a corporation, Defendants and Respondents. Civ. 20472. |
Clock, Waestman & Clock, by E. W. Sheridan, Long Beach, for appellant.
Frank M. Benedict, Los Angeles, for respondents.
The question here posed is whether the widow of a veteran can collect his insurance where he had contracted with respondents for insurance on his life to be paid to the Department of Veterans Affairs at his death, and the veteran in his statement of insurability attached to the application, falsely answered inquiries relative to the condition of his health.
Charles Lindsey Robinson purchased a contract in the home protection plan of the Department of Veterans Affairs of California on July 14, 1951. He furnished the Department with statement of insurability to accompany its written application to the insurance companies as a part thereof. Such statement contained three questions and the answers thereto as follows:
'7. Do you know of any impairments now existing in your health or physical condition? No.
'8. Have you had any illness or injuries during the past three years? No.
Following the completed statement, decedent certified that his 'answers and statements are true and correctly recorded and that no material circumstance or information has been withheld or omitted concerning my past and present state of health or employment' and he consented that such statement be made a part of any application 'for insurance on my life made by Department of Veterans Affairs.'
The Department applied to the Occidental Life Insurance Company of California, and California-Western States Life Insurance Company by written application for insurance on the life of its contractee. On August 21, 1951, he was examined by Dr. John B. Davis, a medical examiner for respondents. The doctor used a form entitled 'Answers Made to the Medical Examiner,' which document contains a statement that it is a continuation of and forms a part of the application for insurance. In answer to the inquiry 16 as to the diseases, accidents or operations he had had, and for what conditions he had consulted a physician, he answered that he had suffered from virus pneumonia and had completely recovered in 1944 and that his attending physician was 'U. S. N. Doctor,' and that he had undergone a right inguinal hernioplasty in 1945 and was attended by 'U. S. N. Doctor.' Three other questions and their answers are as follows:
'17. Are you now in good health, as far as you know and believe? Yes.
'18. For what conditions have you consulted a physician or other practitioner within five years? Routine checkup. Dr. Walker, Long Beach, Calif. * * *
These, also he certified to be complete and true.
The husband signed an authorization for Dr. Walker to disclose the contents of his findings, diagnosis and his treatment at the time of the 'routine checkup,' and when respondents requested the information of Dr. Walker, the latter replied 'no disease,' that Mr. Robinson had 'reported for routine physical checkup--no complaints' and that he had attended his patient in February 1947 for a routine physical examination, but he made no mention of a vascular hypertension concerning which Mr. Robinson had consulted the doctor. The court found that in reliance upon decedent's declarations and representations made in connection with the application for the policy, Occidental and California-Western each agreed to issue a policy on his life for one half of the unpaid balance due on Robinson's contract with the Department at the date of Robinson's death and to pay such amounts to the Department; that such declarations were false and were known by Robinson to be false and were made for the purpose of deceiving respondents and of inducing them to issue such policies; that Robinson knew that in 1947, 1948, and 1949 he had suffered from vascular hypertension; had consulted a physician with reference to such condition within five years prior to the medical examination, and knew of the impairment of his physical condition, and knew that he was, in fact, in bad health.
Exactly ten months and eleven days after respondents had approved the application the unfortunate veteran died--August 19, 1952. After appellant had notified the Department of her husband's death, proofs of death were forwarded to respondents with a memorandum of the unpaid balance of decedent's contract, to wit, $7,283. Following the prompt investigation by respondents, they rejected appellant's claim on account of the false representations made by the insured in his statement of insurability, and paid to the Department $34.75, the total amount of premiums paid for the insurance.
Appellant contends that the findings are without evidential support. She argues that no proof was made that at the time of the application for insurance, Robinson was suffering from a heart condition, or that he had knowledge of any such condition. She points to the testimony of respondents' physician, Dr. Davis, to the effect that at the time of his examination, deceased's heart and blood pressure were normal, and to the testimony of Dr. Walker that Robinson's highest blood pressure was caused by infected teeth, a severe myositis of the shoulder and a respiratory infection, and that the pain caused by such ills can cause a rise in blood pressure. She further contends that her husband was not asked as to whether he had high blood pressure, and points to the testimony of both physicians that high blood pressure is not a disease, and to the testimony of Dr. Walker that on the last two calls deceased made on him, January 25, 1949, and August 8, 1951, his blood pressure was normal and that no treatment was given or required for any physical condition whatsoever.
It is evident that appellant does not understand the nature of respondents' claims. The charges against appellant are that her...
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