Taylor v. Continental Assur. Co.

CourtUnited States Court of Appeals (Ohio)
Writing for the CourtHORNBECK; MILLER, P. J., and WISEMAN
Citation104 Ohio App. 78,144 N.E.2d 213
Decision Date08 October 1956
Parties, 75 Ohio Law Abs. 492, 4 O.O.2d 162 Lella S. TAYLOR, Plaintiff-Appellee, v. The CONTINENTAL ASSURANCE COMPANY, Defendant-Appellant.

Page 78

104 Ohio App. 78
144 N.E.2d 213, 75 Ohio Law Abs. 492, 4 O.O.2d 162
Lella S. TAYLOR, Plaintiff-Appellee,
v.
The CONTINENTAL ASSURANCE COMPANY, Defendant-Appellant.
Court of Appeals of Ohio, Franklin County.
Oct. 8, 1956.

[144 N.E.2d 214] George T. Tarbutton, Columbus, for plaintiff-appellee.

Vorys, Sater, Seymour & Pease, Columbus, James O. Seymour and Charles D. Minor, Columbus, of counsel for defendant-appellant.

HORNBECK, Judge.

This is an appeal on questions of law from a judgment in favor of the plaintiff for $1,000, interest and costs on the first cause of action of her petition.

Page 79

The cause was tried to a judge without the intervention of jury. After the submission of the case the trial judge returned a written opinion in which he held that the plaintiff should have judgment for $1,000 on the first cause of action and $1,000 on the second cause of action of her petition. Thereafter, the court notified counsel that the judgment entry should be for the plaintiff on the first cause of action, only, and it was prepared accordingly with a finding for the defendant on the second cause of action. (Emphasis ours.)

Defendant appeals and assigns four errors;

(1) The court erred in rendering judgment in favor of plaintiff in the amount of $1,000 on plaintiff's first cause of action.

(2) The court erred in overruling defendant's motion for judgment.

(3) The Court erred in overruling defendant's application and motion for a new trial.

(4) The judgment is contrary to law.

All assignments raise substantially the same question.

The plaintiff is the widow of Charles W. Taylor, deceased, who in his lifetime was an employee of the Ft. Hayes Hotel Company, Columbus, Ohio, and had been in the employ of said company for more than five years prior to his decease. The Ft. Hayes Hotel Company since April 9, 1937, [144 N.E.2d 215] was the holder of a policy of group insurance issued by defendant company wherein the employees of the company were protected and under a certificate issued to plaintiff's decedent she was designated a beneficiary.

The record is made up of a stipulation of the parties together with the transcription of the testimony of plaintiff. From the stipulation it appears that the policy after notices from the employer had been cancelled of date December 9, 1950. The stipulation makes no reference to days of grace and we therefore must assume that all rights under the days of grace provision in the policy were terminated as of December 9, 1950. On or about October 13, 1950, while plaintiff's decedent was employed by Ft. Hayes Hotel Company and was under 60 years of age he became permanently and totally disabled as a result of bodily injury suffered during the course of and arising

Page 80

out of his employment and was thereafter permanently, continuously and wholly prevented thereby for life from engaging in any occupation and performing any work for wage or profit. This is stipulation No. 7 and conforms in language to the requirements of the policy as to benefits to an insured employee for permanent disability subject only to the necessity of notice as provided in the policy.

Stipulation No. 8 is to the effect that plaintiff's decedent died January 31, 1951, as a result of the bodily injury and/or disease set forth in Stipulation No. 7. This fact is sufficient to establish the right of plaintiff to death benefit under the policy if effective on the date of his death and if requisite notice to the company is established according to the terms of the...

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4 practice notes
  • Bradley v. Old Republic Life Ins. Co., Civ. A. No. H87-0068(W).
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • 22 Noviembre 1988
    ...Ballard v. North American Life and Casualty Co., 667 S.W.2d 79 (Tenn.Ct.App.1983). See also, Taylor v. Continental Assurance Co., 104 Ohio App. 78, 144 N.E.2d 213 What all these cases, including Walker and Ory, teach is that the court must scrutinize the insurance contract to ascertain whet......
  • F. Robert Souers, M.D. v. Ins. Co. of North America, and Daniels-Head & Associates, Inc., 81-LW-4256
    • United States
    • United States Court of Appeals (Ohio)
    • 25 Marzo 1981
    ...two reported opinions, Hinkler v. Equitable Life Assur. Society (1938), 61 Ohio App. 140 and Taylor v. Continental Assur. Co. (1956), 104 Ohio App. 78, are factually distinguishable, and of limited assistance in reaching our opinion. The Taylor court's opinion suggests the desirability of a......
  • Wickline v. Alvis
    • United States
    • United States Court of Appeals (Ohio)
    • 5 Marzo 1957
    ...J., 101 Ohio St. at page 61, 128 N.E. at page 176, wrote: 'The relations of the grand jury and and the common pleas court are identical[144 N.E.2d 213] to those of the prosecuting attorney and the probate court in misdemeanor cases, and those of private individuals before any magistrate. Th......
  • Prudential Ins. Co. of America v. Lancaster, No. 20114
    • United States
    • Indiana Court of Appeals of Indiana
    • 12 Septiembre 1966
    ...case. [139 INDAPP 296] We agree with the statement of the Appellate Court of Ohio in Taylor v. Continental Assurance Company (1956), 104 Ohio App. 78, 144 N.E.2d 213, at page 217, '(I)t would be desirable that some notice be accorded to employees covered by group policy of its termination s......
4 cases
  • Bradley v. Old Republic Life Ins. Co., Civ. A. No. H87-0068(W).
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • 22 Noviembre 1988
    ...Ballard v. North American Life and Casualty Co., 667 S.W.2d 79 (Tenn.Ct.App.1983). See also, Taylor v. Continental Assurance Co., 104 Ohio App. 78, 144 N.E.2d 213 What all these cases, including Walker and Ory, teach is that the court must scrutinize the insurance contract to ascertain whet......
  • F. Robert Souers, M.D. v. Ins. Co. of North America, and Daniels-Head & Associates, Inc., 81-LW-4256
    • United States
    • United States Court of Appeals (Ohio)
    • 25 Marzo 1981
    ...two reported opinions, Hinkler v. Equitable Life Assur. Society (1938), 61 Ohio App. 140 and Taylor v. Continental Assur. Co. (1956), 104 Ohio App. 78, are factually distinguishable, and of limited assistance in reaching our opinion. The Taylor court's opinion suggests the desirability of a......
  • Wickline v. Alvis
    • United States
    • United States Court of Appeals (Ohio)
    • 5 Marzo 1957
    ...J., 101 Ohio St. at page 61, 128 N.E. at page 176, wrote: 'The relations of the grand jury and and the common pleas court are identical[144 N.E.2d 213] to those of the prosecuting attorney and the probate court in misdemeanor cases, and those of private individuals before any magistrate. Th......
  • Prudential Ins. Co. of America v. Lancaster, No. 20114
    • United States
    • Indiana Court of Appeals of Indiana
    • 12 Septiembre 1966
    ...case. [139 INDAPP 296] We agree with the statement of the Appellate Court of Ohio in Taylor v. Continental Assurance Company (1956), 104 Ohio App. 78, 144 N.E.2d 213, at page 217, '(I)t would be desirable that some notice be accorded to employees covered by group policy of its termination s......

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