Tynes v. Supreme Life Ins. Co. of America, No. 13453
| Court | Supreme Court of West Virginia |
| Writing for the Court | NEELY |
| Citation | 158 W.Va. 188,209 S.E.2d 567 |
| Parties | Delores TYNES v. SUPREME LIFE INSURANCE COMPANY OF AMERICA, a corporation. |
| Decision Date | 19 November 1974 |
| Docket Number | No. 13453 |
Page 567
v.
SUPREME LIFE INSURANCE COMPANY OF AMERICA, a corporation.
Syllabus by the Court
Where provisions in an insurance policy are plain and unambiguous and where such provisions are not contrary to a statute, regulation, or public policy, the provisions will be applied and not construed.
James S. Redmond, Bluefield, for appellant.
Sanders & Blue, Fred O. Blue, Bluefield, for appellee.
NEELY, Justice:
This appeal was granted to determine whether the Circuit Court of Mercer County correctly interpreted a policy of life insurance. As this Court finds that the Circuit Court correctly applied the provisions of the insurance contract and that the policy provisions are not contrary to West Virginia law, the judgment of the Circuit Court of Mercer County is affirmed.
In 1961 the defendant, Supreme Life Insurance Company, issued a life insurance policy to William Thomas Morgan, then forty-two years old, in the amount of $5,000.00. From the date of issuance through December 1971 the insured made timely monthly premium payments; however, the premiums due January 1, 1972 and February 1, 1972 were not paid either by the insured or by anyone on his behalf. The insured died February 13, [158 W.Va. 189] 1972 leaving the plaintiff, Delores
Page 568
Tynes, as beneficiary under the policy. While the insured owned the policy he borrowed $741.20 against the cash surrender value, which with interest at 5%, made the total indebtedness under the policy at the time of the insured's death $801.47. At the time of the insured's death the cash surrender value of the policy was $138.88 which represented the projected cash value at that time of $940.35 less the indebtedness of $801.47.Under the nonforfeiture provisions the company tendered $738.45 to the plaintiff in full settlement, which the plaintiff refused on the grounds that she believed that there was $4,198.53 due her, a sum representing the $5,000.00 face value of the policy less the loan of $801.47.
The defendant insurance company successfully maintained in the Circuit Court that the following nonforfeiture provisions when read in Pari materia establish the death benefit at $738.45. The relevant provisions of the policy are as follows:
'Option C. EXTENDED TERM INSURANCE--This policy may be continued as non-participating term insurance for the sum insured from the date of default for the period stipulated...
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Jenkins v. City of Elkins, No. 11–1059.
...not construed.’ ” Witt v. Sutton, 229 W.Va. 26, 30, 725 S.E.2d 195, 199 (2011) (quoting Syl., Tynes v. Supreme Life Ins. Co. of America, 158 W.Va. 188, 209 S.E.2d 567 (1974)). Westfield relies upon our decision in Deel v. Sweeney, 181 W.Va. 460, 383 S.E.2d 92 (1989), to argue that we should......
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Jenkins v. City of Elkins, No. 11-1059
...not construed.'" Witt v. Sutton, 229 W. Va. 26, __, 725 S.E.2d 195, 199 (2011) (quoting Syl., Tynes v. Supreme Life Ins. Co. of America, 158 W. Va. 188, 209 S.E.2d 567 (1974)). Westfield relies upon our decision in Deel v. Sweeney, 181 W. Va. 460, 383 S.E.2d 92 (1989), to argue that we shou......
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Horace Mann Insurance Co. v. Adkins, No. 31592.
...regulation, or public policy, the provisions will be applied and not construed." Syllabus, Tynes v. Supreme Life Ins. Company of America, 158 W.Va. 188, 209 S.E.2d 567 (1974). The majority opinion acknowledges that "the exhaustion clause incorporated by Horace Mann into the Adkins' policies......
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Keiper v. State Farm Mut. Auto. Ins. Co., No. 21239
...v. Merchants Property Ins. Co. of Indiana, 159 W.Va. 508, 511, 223 S.E.2d 441, 443 (1976); Tynes v. Supreme Life Ins. Co. of America, 158 W.Va. 188, 209 S.E.2d 567 (1974); Atkins v. Stonewall Cas. Co., 155 W.Va. 81, 88, 181 S.E.2d 269, 272 (1971). See Syllabus Point 1, Russell, supra (where......
-
Jenkins v. City of Elkins, No. 11–1059.
...not construed.’ ” Witt v. Sutton, 229 W.Va. 26, 30, 725 S.E.2d 195, 199 (2011) (quoting Syl., Tynes v. Supreme Life Ins. Co. of America, 158 W.Va. 188, 209 S.E.2d 567 (1974)). Westfield relies upon our decision in Deel v. Sweeney, 181 W.Va. 460, 383 S.E.2d 92 (1989), to argue that we should......
-
Jenkins v. City of Elkins, No. 11-1059
...not construed.'" Witt v. Sutton, 229 W. Va. 26, __, 725 S.E.2d 195, 199 (2011) (quoting Syl., Tynes v. Supreme Life Ins. Co. of America, 158 W. Va. 188, 209 S.E.2d 567 (1974)). Westfield relies upon our decision in Deel v. Sweeney, 181 W. Va. 460, 383 S.E.2d 92 (1989), to argue that we shou......
-
Horace Mann Insurance Co. v. Adkins, No. 31592.
...regulation, or public policy, the provisions will be applied and not construed." Syllabus, Tynes v. Supreme Life Ins. Company of America, 158 W.Va. 188, 209 S.E.2d 567 (1974). The majority opinion acknowledges that "the exhaustion clause incorporated by Horace Mann into the Adkins' policies......
-
Keiper v. State Farm Mut. Auto. Ins. Co., No. 21239
...v. Merchants Property Ins. Co. of Indiana, 159 W.Va. 508, 511, 223 S.E.2d 441, 443 (1976); Tynes v. Supreme Life Ins. Co. of America, 158 W.Va. 188, 209 S.E.2d 567 (1974); Atkins v. Stonewall Cas. Co., 155 W.Va. 81, 88, 181 S.E.2d 269, 272 (1971). See Syllabus Point 1, Russell, supra (where......