Winn v. John Hancock Mut. Life Ins. Co.
Decision Date | 17 October 1933 |
Docket Number | No. 42011.,42011. |
Citation | 250 N.W. 459,216 Iowa 1249 |
Parties | WINN v. JOHN HANCOCK MUT. LIFE INS. CO. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Woodbury County; A. O. Wakefield, Judge.
The plaintiff, as administrator of the estate of Elizabeth Winn, deceased, commenced an action to recover $500 against the defendant, for damages for its negligent failure to complete contract of insurance with plaintiff's intestate. Defendant denied that it was negligent, and at the close of the plaintiff's testimony the court directed a verdict in favor of the defendant. The opinion states the facts.
Affirmed.Fred H. Free and Robert J. O'Connor, both of Sioux City, for appellant.
Gleysteen, Purdy & Harper, of Sioux City, for appellee.
The appellant's intestate, Elizabeth Winn, during her lifetime made application for insurance in the amount of $500 with the appellee company; said application being dated August 14, 1931. The application was made through the Sioux City agency of the appellee company. The type of insurance applied for was industrial insurance, and no physical examination was required. The applicant died on September 1, 1931, at which time she had not received the policy of insurance for which she had applied. This action was brought by the appellant to recover $500 against the John Hancock Mutual Life Insurance Company for damages because of its negligent failure to complete a contract of insurance with the appellant's intestate. The appellant contends that the appellee was liable because it negligently failed to take any action upon the said application prior to the death of said intestate, and was negligent in forwarding and in passing upon the application and in delivering the policy of insurance issued upon the application. The appellee admitted that the application of insurance had been made on the date stated, but denied that it was in any manner negligent in acting upon the application. The case proceeded to trial, the appellant introducing his evidence, and at the close of the appellant's evidence the insurance company moved for a directed verdict on the ground that there was not sufficient evidence to submit the case to the jury. The lower court sustained the motion and directed a verdict against the appellant, and from such ruling the appellant has appealed to this court.
[1] The specific charge of negligence in this case is unreasonable delay on the part of the insurance company in acting or passing upon an application for insurance before the death of the applicant. It therefore follows that the burden was on the appellant to prove that the delay in this case from August 14, 1931, the date of the application, to September 1, 1931, the date of the applicant's death, was unreasonable.
In the case of Duffie v. Bankers' Life Association, reported in 160 Iowa, 19, on page 27, 139 N. W. 1087, 1090, 46 L. R. A. (N. S.) 25, this court said: ...
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...in fact been issued, in short, the substance of the claimed contract, and Mr. Michael came within it. Winn v. John Hancock Mutual Life Insurance Company, 216 Iowa 1249, 1252, 250 N.W. 459; Hawkeye Clay Works v. Globe & Rutgers Fire Insurance Company, 202 Iowa 1270, 1273, 211 N.W. 860; Smith......
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