Walker v. Commercial Cas. Ins. Co, 14932.

• Decision Date: 03 August 1939
• Docket Number: No. 14932.,14932.
• Court: South Carolina Supreme Court
• Parties: WALKER. v. COMMERCIAL CASUALTY INS. CO.

4 S.E.2d 248
191 S.C. 187

WALKER.
v.
COMMERCIAL CASUALTY INS. CO.

No. 14932.

Supreme Court of South Carolina.

Aug. 3, 1939.

[4 S.E.2d 248]

Appeal from Common Pleas Circuit Court of Barnwell County; Hayne F. Rice, Judge.

Action on a life policy by Eddie Walker against the Commercial Casualty Insurance Company. From a judgment in favor of the defendant, the plaintiff appeals.

Judgment reversed and case remanded for disposition in accordance with opinion.

J. Wesley Crum, of Denmark, and H. L. O'Bannon, of Barnwell, for appellant.

Cooper & Maher, of Columbia, for respondent.

G. DEWEY OXNER, Acting Associate Justice.

Appellant seeks in this action to recover certain benefits under an insurance policy issued by respondent on October 7, 1936, on the life of Ella Walker. Appellant is named as beneficiary under the policy. The insured, Ella Walker, was confined to her bed on May 8, 1937, with an illness which resulted in her death on May 16, 1937. Her death did not result from bodily injury sustained through accidental means, but solely from the illness above mentioned. The only issue is the amount appellant is entitled to recover under the policy. Appellant contends that respondent is liable for $300 for the death of the insured from natural causes, $50 under clause "H" of the policy to cover all reasonable expenses put upon the insured during such illness, and a month's illness indemnity of $15. Respondent contends that the limit of its liability for the death of the insured from natural causes is $65, represented by the last two items above mentioned, which amount it offered to appellant who declined to accept it. The only issue in controversy is whether un-

[4 S.E.2d 249]

der the terms of the policy there is an indemnity in the sum of $300 for death from natural causes. The case was submitted to his Honor, Judge Rice, on an agreed statement of facts, who held that the indemnity of $300 did not apply to death from natural causes. Appellant appeals from this order.

The policy is not set out in full in the transcript of record. According to the agreement of counsel, only the following portion of the policy has any bearing upon the issue in controversy.

The policy, in large, bold, black type, has the following statement on the back and at the top of the page immediately preceding the contract, to-wit: "This policy provides indemnity for loss of life, limb, limbs, sight or time caused by accidental means, or for natural death, or for disability by illness to the extent herein provided."

The relevant portions of the contract are as follows:

"Commercial Casualty Insurance Company, Newark, New Jersey, does hereby insure Ella Walker (Hereinafter called the Insured) subject to all of the conditions and agreements herein contained and endorsed * * *, against death, and disability resulting directly and exclusively of all other causes, from bodily injury sustained solely through external, violent and accidental means (excluding suicide, sane or insane), hereinafter called 'Such Injury', and against disability caused from any bodily disease or illness which is contracted and begins during the life of this policy and after same has been in force for not less than thirty (30) days from date of issue...