Southern United Life Ins. Co. v. Gregory
Citation | 508 So.2d 247 |
Parties | SOUTHERN UNITED LIFE INSURANCE CO. v. Lovie GREGORY, as Executrix of the Estate of Chester Gregory, and Camden National Bank, a National Banking Corporation. 85-311. |
Decision Date | 29 May 1987 |
Court | Alabama Supreme Court |
Archie T. Reeves, Jr., of Reeves & Stewart, Selma, for appellant.
Andrew M. Cromer, Jr. and L.Y. Sadler, Jr., Camden, for appellees.
Southern United Life Insurance Company appeals from a $15,474.01 jury verdict entered against it for breach of two insurance contracts. We reverse.
Lovie Gregory, as executrix of the estate of Chester Gregory, and Camden National Bank filed suit against Southern United, alleging breach of two insurance contracts and bad faith failure to pay the claims on the two contracts.
Southern United is an Alabama insurance company whose business includes the writing of creditor-debtor life insurance for banks. Camden National Bank (hereinafter "Bank"), acting as an agent for Southern United, issued two certificates of credit life insurance to Chester Gregory. These certificates, dated April 23, 1982, and May 17, 1982, were properly issued and sent to Southern United for processing. Chester Gregory died of a heart attack on May 29, 1982. Prior to Mr. Gregory's death, Southern United requested that he complete an application form which contained health questions. This form, which was signed on May 25, 1982, revealed that Mr. Gregory was 62 years old and was suffering from high blood pressure and diabetes. On June 2, 1982, Southern United declined coverage on the certificate dated April 23, 1982, and on June 14, 1982, declined coverage on the certificate dated May 17, 1982. Southern United did not receive notice of Mr. Gregory's death until June 14, 1982, when claims were filed on the two certificates of insurance.
The contract or group policy between Southern United and the Bank contained the following provisions:
A.L. Johnson, who was president of the Bank, testified as follows when asked how he questioned people when writing a policy for them:
Beatrice Jackson, chief underwriter for Southern United, testified in pertinent part as follows:
(On cross-examination.)
(On redirect examination.)
Southern United's motion for directed verdict was granted as to the bad faith claim. However, Southern United argues that...
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