Sanders v. Aetna Life Ins. Co.
| Decision Date | 27 March 1947 |
| Docket Number | No. 11864.,11864. |
| Parties | SANDERS v. AETNA LIFE INS. CO. |
| Court | Texas Court of Appeals |
Appeal from District Court, Harris County; Ben F. Wilson, Judge.
Action by Earl Sanders against Aetna Life Insurance Company to recover disability benefits under a group insurance policy. From a judgment granting plaintiff only part of the relief demanded, he appeals and defendant moves to dismiss the appeal.
Judgment affirmed.
Otis Scruggs, Jr., of Houston, for appellant.
Fouts, Amerman & Moore, of Houston (Joseph W. Moore, of Houston, of counsel), for appellee.
This action was brought by appellant, Earl Sanders, for the recovery from Aetna Life Insurance Company of disability benefits claimed to have been due him under a certificate of group insurance issued to him while he was employed by the Humble Oil & Refining Company at its refinery in Harris County, Texas.
In its answer appellee alleged that appellant was not entitled to recover under the policy sued on for the reason that he was not totally and permanently disabled within the terms of the certificate of insurance issued to him and that, in the event he was entitled to recover, his recovery was limited under the terms of said policy to 12 monthly payments because of his failure to give proof to the Insurance Company of his continued disability.
In answer to special issues submitted, a jury found in substance that appellant was totally and permanently disabled as a result of an injury sustained by him on October 3, 1943.
The trial court overruled appellant's motion for judgment and rendered judgment that he recover from appellee the sum of $140, with interest in the sum of $6.20 and penalties in the sum of $16.80. The trial court found $150 to be a reasonable fee for the services rendered by appellant's attorney.
Appellant began his employment with the Humble Oil & Refining Company on September 15, 1942, and, as such employee, was issued a certificate of insurance under a group policy insuring his life in the sum of $2,000 and providing for the payment of certain benefits in the event he became permanently and totally disabled.
It is undisputed in the record that written proof of appellant's disability was furnished the home office of defendant insurance company on or about April 11, 1945, and that the claim was denied by the insurance company. No proof of his continued disability was submitted to the insurance company by appellant. The trial court found, on undisputed evidence, in the judgment rendered, that the policy of insurance sued on obligated the defendant insurance company to begin payments to the injured employee of $10 per month for each $1,000 of insurance in force when such disability commenced within six months after the receipt of proof of disability and that, since such proof of disability was furnished on or about April 15, 1945, appellant was entitled to monthly payments under said policy of $20 per month, beginning on October 11, 1945, and that because of appellant's failure to furnish the insurance company with proof of the continuance of his permanent and total disability the policy terminated 31 days after October 15, 1946, and that appellant was entitled to recover thereunder only the sum $20 per month for a period of seven months, a total of $140, with interest and penalties as provided for in the judgment rendered.
Appellee has filed a motion for the dismissal of this appeal for lack of jurisdiction of this court for the alleged reason that no notice of appeal was given by appellant and that the bond or affidavit in lieu thereof was not timely made or filed.
On November 14, 1946, appellant filed an affidavit in lieu of cost bond with the clerk of the district court in which the case was tried, which, omitting formal parts, reads: "Earl Sanders, plaintiff in the above entitled and numbered cause, pending in the 61st Judicial District Court of Harris County, Texas, being duly sworn, says that at a regular term of said Court, to-wit, on the fourth...
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...Christi 1979, writ ref'd n.r.e.). A technical application of the rules should not defeat the right to appeal. Sanders v. Aetna Life Ins. Co., 201 S.W.2d 234, 236 (Tex.Civ.App.--Galveston), rev'd on other grounds, 146 Tex. 169, 205 S.W.2d 43 (1947). Where doubt exists about a rule's meaning,......
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