Union Life Ins. Co. v. Davis
| Decision Date | 26 January 1970 |
| Docket Number | No. 5--5114,5--5114 |
| Citation | 449 S.W.2d 192,247 Ark. 1054 |
| Court | Arkansas Supreme Court |
| Parties | UNION LIFE INSURANCE COMPANY, Appellant, v. Mrs. Donald Lee DAVIS, Individually and as Administratrix, Appellee. |
Moses, McClellan, Arnold, Owen & McDermott, Little Rock, for appellant.
Macom, Moorehead & Green, Stuttgart, for appellee.
Appellant seeks reversal of a decree holding that appellee was entitled to specific performance of a certificate of credit life insurance under a master policy issued by appellant to The Peoples National Bank at Stuttgart. The insurance was taken to secure the payment of a note executed by appellee's decedent to the bank on December 5, 1966. Application was made on December 7, 1966. Appellee, the wife of her decedent, went to the bank on the latter date to inquire about the availability of this insurance and obtained an application which she took to her husband, Donald L. Davis. Mr. Davis signed the application to appellant and a certificate representing that on the date of issuance he was in 'good and sound health.' Appellant defended appellee's suit brought after the insured's death on the ground that the certificate never became effective because the insured misrepresented the true condition of his health and that it issued the policy in reliance upon the truthfulness of his representation.
Davis died on February 25, 1967. The death certificate signed by Dr. W. Sexton Lewis reflected that death was caused by basilar artery thrombosis due to cerebral atherosclerosis, due to postoperative left carotid endarterectomy with patch graft angioplasty and arteriosclerotic heart disease. It also reflected that the heart disease first manifested itself in November, 1966. An autopsy report revealed that the decedent suffered from generalized arteriosclerosis, marked coronary atherosclerosis with occlusion, left anterior descending branch, old and recent myocardial infarction, cardiac hypertrophy and dilatation, and cerebral arteriosclerosis.
Davis was a patient of Dr. E. A. McCracken of Stuttgart beginning in 1964. Dr. McCracken and his associate Dr. Holten thought that Davis might have had heart trouble in August, 1966, because of pains in his chest. Dr. McCracken prescribed nitrate pills to dilate Davis' blood vessels and improve circulation to his heart. This physician said he had administered nitroglycerin to Davis on one occasion. When the pain persisted until sometime in October, 1966, Dr. McCracken sent him to the Little Rock Diagnostic Clinic.
Davis was seen by Dr. W. Sexton Lewis in the Little Rock Diagnostic Clinic on November 1, 1966. Dr. Lewis reported by letter dated November 3, 1966, to Dr. McCracken. It revealed the following: Davis told this doctor that about 10 years ago he began to have chest pains with exertion, but about six weeks before coming to the clinic had commenced having dull anterior chest pain and dyspnea after walking only 500 feet or after a big meal. More recently there had been occasions when he was awakened by the pain, which lasted only five to ten minutes and disappeared when he got out of bed. Dr. Lewis indicated Davis' general health to be good, but reported the following impressions, among others:
Arteriosclerotic heart disease, negular sinus rhythm, compensated, angina pectoris; obesity, exogenous; hypertensive vascular disease, labile, not evaluated; atherosclerosis of left carotid, asymptomatic.
Dr. Lewis recommended a 50-pound weight reduction, nitroglycerin grains, continuation of hypertensive medication, a high protein low carbohydrate, low fat diet, and a return for an office visit in six weeks. He stated that Davis had classical angina pectoris of increasing severity, and that selective coronary arteriography might be considered for surgery if progressive disability occurred. He added that Davis should be observed closely for signs of left carotid insufficiency. Appellee testified that Dr. Lewis discussed his findings with Davis but said that he did not discuss heart trouble or surgery, but concentrated on the necessity for diet and weight loss.
Dr. McCracken said that Davis came by to see him when he came back from the clinic and that he must have discussed this report with him, but that he had no recollection or record of the visit or discussion. He received another letter from Dr. Lewis dated December 14, 1966, in which a weight loss of 10 pounds was reported and essentially the same treatment prescribed.
On February 5, 1967, Davis noted a transient burning sensation around both eyes. The next day he experienced transient blindness in both eyes and slight dizziness lasting for several minutes. Until his admission to Arkansas Baptist Hospital on February 13, he experienced transient episodes of dizziness with blurred vision almost daily, and on several occasions noted numbness of his tongue and the fingers of his left hand. An endarterectomy and angioplasty on the left carotid artery were performed on February 16, 1967, nine days before his death.
The master policy provided that no certificate should be effective if the certificate holder was not in...
To continue reading
Request your trial
-
Jackson v. Prudential Ins. Co. of America, 83-1773
...253 Ark. 127, 484 S.W.2d 892 (1972) (dispute over whether agent correctly recorded application answers); Union Life Insurance Co. v. Davis, 247 Ark. 1054, 449 S.W.2d 192 (1970). In denying Prudential's motions for directed verdict and judgment notwithstanding the verdict, the District Court......
-
Jackson v. Prudential Ins. Co. of America, Civ. No. 82-5079.
...clear that it would have been material to the risk, an additional requirement of Ark.Stat.Ann. § 66-3208. In Union Life Ins. Co. v. Davis, 247 Ark. 1054, 449 S.W.2d 192 (1970), the Arkansas Supreme Court stated that this issue is a question of law when it is so obvious that a contrary infer......
-
McQuay v. Arkansas Blue Cross & Blue Shield
...condition in Dopson v. Metropolitan Life Ins. Co., 244 Ark. 659, 426 S.W.2d 410 (1968). Similarly, in Union Life Ins. Co. v. Davis, Adm'x, 247 Ark. 1054, 449 S.W.2d 192 (1970), the supreme court reversed and dismissed a judgment for the insured where the deceased stated on his application t......
-
National Old Line Ins. Co. v. People
...of Tenn. v. Smith, 245 Ark. 934, 436 S.W.2d 97 (1969) ('serious physical ailments which proved to be fatal'); Union Life Ins. Co. v. Davis, 247 Ark. 1054, 449 S.W.2d 192 (1970) (heart trouble); American Family Life Assn. Co. of Columbus v. Reeves, 248 Ark. 1303, 455 S.W.2d 932 (1970) (cance......
-
Health and life insurance applications: their role in the claims review process.
...insured had never been diagnosed as alcoholic). (72.)10 F.3d 144 (3d Cir. 1993). (73.)Id. at 149-50. (74.)Union Life Ins. Co. v. Davis, 449 S.W.2d 192, 195 (Ark. 1970). (75.)Swain v. Life Ins. Co. of Louisiana, 537 So.2d 1297, 1300 (La.App. 1989). (76.)Friez v. Nat'l Old Line Ins. Co., 703 ......