Watkins v. Atlantic Life Insurance Co., 3424.

• Decision Date: 20 March 1964
• Docket Number: No. 3424.,3424.
• Citation: 198 A.2d 911
• Parties: Georgia WATKINS, Appellant, v. ATLANTIC LIFE INSURANCE CO. and Southwestern Life Insurance Co., Appellees.
• Court: D.C. Court of Appeals

Page 911

198 A.2d 911

Georgia WATKINS, Appellant, v. ATLANTIC LIFE INSURANCE CO. and Southwestern Life Insurance Co., Appellees.

No. 3424.

District of Columbia Court of Appeals.

Argued February 17, 1964.

Decided March 20, 1964.

Glenn R. Moody, Jr., Washington, D. C., for appellant.

Frederick R. Wilson, Washington, D. C., for appellees.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

MYERS, Associate Judge.

This is an appeal by a beneficiary of a policy of insurance, issued on the life of one Cleveland Artis by the Atlantic Life Insurance Co. and assumed by the Southwestern Life Insurance Co., from a judgment denying her the benefits allegedly due her as a result of the insured's death. The defenses raised by the appellee insurance companies were (1) that appellant had, upon their payment to her of $140.94, executed a "release" of all claims and demands under the policy; (2) that the death of the insured was the result of fighting, which was within the exclusionary clause of the policy limiting liability of the company to an amount equal to the premiums paid on the policy; and (3) that the policy was voidable because the insured was suffering from unsound health at the time of the application and failed to reveal that fact.

The case was tried by the court without a jury. Appellant admitted the receipt of $140.94 as shown by a release signed by her on February 5, 1963, discharging appellees from all further claims and demands under the policy. The amount of this payment equaled the total premiums paid under the policy, for which appellees' representative conceded they were liable. No other consideration was given for the release.

The insurance policy was not introduced but appellant concedes the accuracy of the following section of the policy:

"10. LIMITATIONS OF INSURANCE. (A) If within two years from date hereof the Insured dies at the hand of the Beneficiary, or dies as the result of fighting, or from injuries intentionally inflicted upon the Insured, the liability of the Company is limited to an amount equal to the premiums paid on this Policy, as death from any such cause is a risk not assumed by the Company during the first two Policy years."

The trial court, in a written memorandum, found that the insured "* * * came to his death as a result of injuries intentionally inflicted upon him by another person," that "the liability of the defendants in such event is limited to an amount equal to the premiums paid on said policy," and that plaintiff [appellant] "executed a release to defendants on February 5, 1963, releasing and discharging them of and from all manner of claims and demands whatsoever." It ruled that the sum of $140.94 was valuable consideration for the release, which was valid and binding upon the parties, and entered a finding for the insurance companies.

Thereafter appellant filed a motion to amend the findings on the ground that the insurance companies had not alleged as a defense that the insured came to his death as the result of injuries intentionally inflicted upon him. The court re-opened the case and set it for further hearing. At...