Trucken v. Metro. Life Ins. Co.

• Citation: 22 N.E.2d 120,303 Mass. 501
• Parties: TRUCKEN v. METROPOLITAN LIFE INS. CO.
• Decision Date: 07 July 1939
• Court: United States State Supreme Judicial Court of Massachusetts

303 Mass. 501

22 N.E.2d 120

TRUCKEN

v.METROPOLITAN LIFE INS. CO.

Supreme Judicial Court of Massachusetts, Middlesex.

July 7, 1939.

Exceptions from Superior Court, Middlesex County; Greenhalge, Judge.

Action by Ureser Trucken, administratrix of the estate of William Trucken, deceased, against the Metropolitan Life Insurance Company for death and disability benefits under an employees' group life insurance policy. Verdict for defendant on count of complaint for death benefit and for plaintiff under count for lump-sum disability payment, and both parties bring exceptions.

Plaintiff's exceptions waived, and defendant's exceptions overruled.C. W. Lavers, of Boston, for plaintiff.

R. C. Evarts and W. A. Ryan, both of Boston, for defendant.

LUMMUS, Justice.

‘Waterhead Mills, Inc. and/or Waterside Mills, Inc.,’ the employer of William Trucken, insured his lief with the defendant under a so-called group policy in the sum of $1,000. One promise of the defendant was ‘upon receipt at its home office in the city of New York, within one year from the date hereof, or within one year from the date of any renewal hereof, of due proof of the death of any such employee while insured hereunder, to pay at such home office to the beneficiary as designated by the employee the amount for which such employee is hereby insured * * *.’ The policy was dated December 24, 1919, and ran for one year, but was renewable and was renewed year after year and was in force at the death of William Trucken on August 29, 1927, at the age of fifty years. The policy provided as follows: ‘The employer agrees to report to the company in writing, as promtly as practicable after the 14th day of each calendar month; the names of all persons ceasing to be in its employment since the 24th day of the preceding calendar month and upon whom insurance hereunder is to be discontinued, together with the date when each such person left said employment and the insurance hereunder was discontinued.’ Elsewhere in the policy was this provision: ‘Upon termination of active employment, the insurance of any discontinued employee under this policy automatically and immediately terminates and the company shall be released from any further liability of any kind on account of such person unless an individual policy is issued’ to him upon application to the company within thirty-one days after such termination of employment and upon payment of the premium then applicable to the class of risk to which he belongs and to the form and amount of the policy at his attained age. As to this last clause, see English v. Metropolitan Life Ins. Co., Mass., 15 N.E.2d 804.

The policy provided also as follows: ‘On receipt by the company at its home office of due proof that any employee insured hereunder has become wholly and permanently disabled by accidental injury or disease, before attaining the age of sixty years, so that he is and will be permanently, continuously and wholly prevented thereby from performing any work for compensation or profit, the company will waive the payment of each premium applicable to the insurance on the lief of such disabled employee that may become payable thereafter under this policy during such disability, and, in addition to such waiver, will pay to such employee during such disability, in full settlement of all obligations hereunder pertaining to such employee, and in lieu of the payment of insurance as herein provided,’ certain periodical payments, the first instalment of which is to be paid ‘six months after receipt of due proof of total and permanent disability.’ The policy continues: ‘If the employee dies during the period of total permanent disability, any instalments remaining unpaid shall be payable as they become due to the beneficiary nominated by such employee, and such beneficiary shall have the right to commute such remaining payments into one sum on the basis of interest compounded at the rate of three and one-half per centum per annum.’

The uncontradicted evidence showed that Trucken was ‘laid off’ from his employment on July 27, 1927, because for two or three months he was inattentive to duties which required care, and did his work poorly. A month later, on August 27, 1927, he was received at a hospital, suffering from malignant hypertension or extreme arterio-sclerosis, with edema of the lungs and neuritis. He died two days later, on August 29, 1927, from those diseases. He told the attending physician that for five weeks he had had pains in the chest, neck, back and legs, which became progressively worse. Expert testimony showed that his condition of arteriosclerosis was of long standing, and in an advanced state, tended to make him mentally confused, naturally affected his ability to do his normal work satisfactorily for a number of months, and probably did so on July 27, 1927. Before that date he had been away from work a good deal.

The verdict for the defendant on the first count, which was for the death benefit, established that a ‘termination of active employment’ by Trucken took place on July 27, 1927, and...