Stout v. Missouri Fidelity & Casualty Co.

• Decision Date: 02 November 1915
• Docket Number: No. 14108.,14108.
• Citation: 179 S.W. 993
• Parties: STOUT v. MISSOURI FIDELITY & CASUALTY CO.
• Court: Missouri Court of Appeals

179 S.W. 993

STOUT v. MISSOURI FIDELITY & CASUALTY CO.

No. 14108.

St. Louis Court of Appeals. Missouri.

November 2, 1915.

Rehearing Denied November 23, 1915.

Appeal from St. Louis Circuit Court; William T. Jones, Judge.

"Not to be officially published."

Action by Cora A. Stout against the Missouri Fidelity & Casualty Company. Judgment for plaintiff, and defendant appeals. Affirmed.

R. M. Sheppard, of Joplin, and John P. McCammon, of St. Louis, for appellant. Rodgers & Koerner, of St. Louis, for respondent.

NORTONI, J.

This is a suit on a policy of accident insurance. Plaintiff recovered, and defendant prosecutes the appeal. Plaintiff is the mother of the insured, Edwin A. Stout, who came to his death by accidental means through the overturning of an automobile about 12:30 o'clock a. m. September 4, 1912.

But one question is for consideration here, and that relates to a construction of the policy. It is asserted on the part of defendant it had lapsed by its terms at the time of the accident, while plaintiff insists to the contrary. The policy is in amount of $1,700. It was issued to Edwin A. Stout June 4, 1912, and by its terms, made payable to plaintiff, his mother, in event of the accidental death of the insured. The policy stipulates for the payment of a monthly premium of $2.40 per month. It stipulates, too, that it shall take effect at 12 o'clock noon on the date of its delivery to the insured. Such delivery, as above stated, was made to the insured on June 4, 1912. Another provision is to the effect that it shall continue in force only so long as the premiums required are paid when due in advance. It provides, too, that it may be consecutively renewed from term to term, subject to its conditions by the payment of the premiums in advance, but, if not so renewed, will expire on July 1, 1912, at 12 o'clock noon. The first premium was paid on June 4th. The second premium was paid on July 1st. The third premium was paid on August 1st. But the fourth premium of $2.40 was not paid at the time the insured came to his death by the accidental overturning of an automobile, which as above stated, was about 12:30 o'clock on the morning of September 4, 1912. If the policy is to be construed as taking effect on the 4th day of June at noon — i. e., on the day of its issue — as it stipulates, and each renewal taken is to continue it for 30 days, then, of course, it was in force at 12:30 o'clock on the morning of September 4th when the insured came to his death, and would continue in force until 12 o'clock noon of that day. On the other hand, if the policy lapsed on the 1st day of September, 1912, for the nonpayment of premium on that day, of course, no recovery may be had thereon. The several provisions of the policy which are relevant here are as follows:

The provision as to when the policy should go into effect is as follows:

"When Effective. (15) This policy, providing the policy fee has been paid to the company, or its duly authorized agent, shall take effect as to `such injury' at noon, standard time, of the place of residence of the insured, of the date hereof, and shall continue in force only so long as the premiums required hereon are paid when due in advance (without notice) to the company at its home office in Springfield, Missouri, or to the person designated in writing by the company to receive them."

The amount of the premium is stipulated as follows:

"I further agree to pay to the company, or to such other person as it may direct, the monthly premium of two and 40/100 dollars, in advance, without notice."

Concerning the payment of future premiums, the schedule of warranties contains the following stipulation:

"This policy may be...