Tynes v. Supreme Life Ins. Co. of America, No. 13453

CourtSupreme Court of West Virginia
Writing for the CourtNEELY
Citation158 W.Va. 188,209 S.E.2d 567
PartiesDelores TYNES v. SUPREME LIFE INSURANCE COMPANY OF AMERICA, a corporation.
Decision Date19 November 1974
Docket NumberNo. 13453

Page 567

209 S.E.2d 567
158 W.Va. 188
Delores TYNES
v.
SUPREME LIFE INSURANCE COMPANY OF AMERICA, a corporation.
No. 13453.
Supreme Court of Appeals of West Virginia.
Nov. 19, 1974.

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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16 practice notes
  • Jenkins v. City of Elkins, No. 11–1059.
    • United States
    • Supreme Court of West Virginia
    • November 20, 2012
    ...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
    • United States
    • Supreme Court of West Virginia
    • November 15, 2012
    ...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.
    • United States
    • Supreme Court of West Virginia
    • June 30, 2004
    ...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
    • United States
    • Supreme Court of West Virginia
    • March 25, 1993
    ...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......
  • Request a trial to view additional results
16 cases
  • Jenkins v. City of Elkins, No. 11–1059.
    • United States
    • Supreme Court of West Virginia
    • November 20, 2012
    ...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
    • United States
    • Supreme Court of West Virginia
    • November 15, 2012
    ...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.
    • United States
    • Supreme Court of West Virginia
    • June 30, 2004
    ...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
    • United States
    • Supreme Court of West Virginia
    • March 25, 1993
    ...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......
  • Request a trial to view additional results

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