Union Cent. Life Ins. Co. v. Boggs, 4-3290.

• Decision Date: 15 January 1934
• Docket Number: No. 4-3290.,4-3290.
• Citation: 66 S.W.2d 1077
• Court: Arkansas Supreme Court
• Parties: UNION CENT. LIFE INS. CO. v. BOGGS.

66 S.W.2d 1077

UNION CENT. LIFE INS. CO. v. BOGGS.

No. 4-3290.

Supreme Court of Arkansas.

January 15, 1934.

Appeal from Circuit Court, Cleveland County; Patrick Henry, Judge.

Action by Elizabeth McMurtrey Boggs, guardian of Victor James Boggs, against the Union Central Life Insurance Company, of Cincinnati, Ohio. Judgment for plaintiff, and defendant appeals.

Affirmed.

Buzbee, Harrison, Buzbee & Wright, of Little Rock, for appellant.

Woodson Mosley, of Rison, and R. W. Wilson, of Pine Bluff, for appellee.

BUTLER, Justice.

The appellee, a guardian of an insane person, brought suit against the appellant insurance company to recover disability benefits under a clause in the contract of insurance issued by said company to the ward of the appellee. An answer was filed to the complaint and various motions made and proceedings taken, when finally the appellee, by amendment to the complaint, alleged that she and the appellant, pending the litigation, had agreed upon a settlement of the controversy by which she was to be paid by the appellant a stipulated sum in full settlement of all demands which then existed, or might thereafter arise under the policy, upon her execution and delivery to the appellant of a "valid, binding and unimpeachable release," and the delivery to the insurer of the policy for cancellation; that she had complied with the terms of the agreement, but that the appellant had failed to settle according to the agreement. She prayed for judgment.

To the complaint, as amended, the appellant tendered its answer admitting the agreement, but alleging that the appellant was without authority to execute and deliver a release of the nature and effect agreed upon. Appellant denied that appellee had executed and tendered any such release and admitted its willingness to carry into effect the agreement upon the performance by the appellee of her part of the agreement, namely, that she would execute and deliver a valid, binding, and unimpeachable release.

On the issues thus joined on the complaint as finally amended and the amended answer thereto, the cause came on to be heard and by express agreement of the parties a jury was waived and the cause submitted to the court sitting as a jury. The court, after having heard the evidence, refused the findings of fact and declarations of law requested by the appellant and rendered judgment in favor of the appellee, basing the same on the findings of fact and declarations of law requested by appellee, as follows:

"I. The court finds that on the 6th day of September, 1930, Victor James Boggs was duly adjudicated insane by a proper order of the probate court of Cleveland County, and that his wife, Elizabeth McMurtrey Boggs, was appointed by said court as his guardian. That she is now the duly appointed, qualified and acting guardian of Victor James Boggs. That as guardian of Victor James Boggs she had authority to compromise, for a valuable consideration, his claim and suit against the defendant, The Union Central Life Insurance Company, upon such terms and conditions as might be agreed upon between her and said Union Central Life Insurance Company, provided such compromise agreement was made in good faith and not in fraud of the rights of her ward, Victor James Boggs.

"II. The court finds that the compromise agreement made between the plaintiff, Elizabeth McMurtrey Boggs, and the defendant, The Union Central Life Insurance Company, which was reduced to writing and signed by the parties, a copy of which is attached as Exhibit A to the amendment to plaintiff's amended complaint and the original of which was introduced in evidence in this cause as Exhibit 1 to plaintiff's testimony, was made in good faith and is not in fraud of the rights of plaintiff's ward, Victor James Boggs, but, on the contrary, is to the best interests of the said ward and his estate.

"III. That the court finds that said agreement of compromise was effective to obligate the defendant. The Union Central Life Insurance Company, to pay to the plaintiff, Elizabeth McMurtrey Boggs, as guardian of Victor James Boggs, the sum of $4,000, upon the execution and delivery by said guardian to the Union Central Life Insurance Company of a valid, binding, and unimpeachable release, fully and finally releasing and discharging the defendant of all liability, causes of action, claims and demands of every name and nature now existing or which might arise hereafter under the insurance contract effected by the defendant on the life of Victor James Boggs on the 22nd day of March, 1921, and the policy of life insurance issued pursuant thereto, being No. 683532, a copy of which is attached as Exhibit A to the memorandum of agreement to compromise introduced in evidence, and upon the surrender to the defendant of said policy of life insurance for cancellation and final extinguishment of all its liability thereon.

"IV. The court finds that pursuant to the agreement of compromise sued on and introduced in evidence, Elizabeth McMurtrey Boggs, as guardian of Victor James Boggs, duly executed and tendered to the defendant, The Union Central Life Insurance Company, a valid, binding and unimpeachable release, a true copy...