Bank of Poplar Bluff v. Metropolitan Life Insurance Co.

723 S.W.2d 514, 1986 Mo. App. LEXIS 5107
CourtMissouri Court of Appeals
DecidedDecember 23, 1986
DocketNo. 14617
StatusPublished
Cited by1 cases

This text of 723 S.W.2d 514 (Bank of Poplar Bluff v. Metropolitan Life Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bank of Poplar Bluff v. Metropolitan Life Insurance Co., 723 S.W.2d 514, 1986 Mo. App. LEXIS 5107 (Mo. Ct. App. 1986).

Opinion

CROW, Chief Judge.

Bank of Poplar Bluff (“the Bank”) and Mary K. Vinson (“Mrs. Vinson”) sued Metropolitan Life Insurance Company (“Metropolitan”) for money allegedly owed under a policy insuring the life of William D. Vinson (“Mr. Vinson”). The cause was tried by the court without a jury, on an agreed statement of facts. Judgment was entered in favor of the Bank and against Metropolitan for $12,769.34, but in favor of Metropolitan on Mrs. Vinson’s claim. Metropolitan appeals.

On September 5, 1975, Metropolitan issued policy number 750 917 397 A (“the policy”). Mr. Vinson was the named insured and the owner; Mrs. Vinson was the [515]*515beneficiary. The policy, a “twenty year reducing term life insurance policy,” was in the initial amount of $50,000. The policy required a premium of $17.50 to be paid each month for 20 years. Premiums were paid by a “check-o-matic” plan under which Metropolitan drew a draft each month on a checking account of Mr. and Mrs. Vinson in another bank.

The policy provided, among other things: “This contract is made in consideration of the payment of premiums as specified in this policy.
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Premiums are payable in the amount and for the number of years shown in the Premium Schedule ... or until the prior death of the Insured.
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All premiums are payable on or before their due dates....
The payment of a premium will not maintain this policy in force beyond the next premium due date, except as otherwise provided. Any premium not paid on or before its due date will be in default. A grace period of 31 days will be granted for the payment of each premium after the first, during which period the policy will continue in force.
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This policy may be assigned. If the assignment is absolute, all rights of the Owner ... [and] any Beneficiary ... will be automatically transferred to the as-signee. If the assignment is collateral, such rights will be transferred only to the extent of the assignee’s interest. However, an assignment will not be binding upon the Company unless made in writing and until filed at the Home Office....”

On or about July 17, 1978, Mr, and Mrs. Vinson borrowed money from the Bank and, in connection with that transaction, executed an instrument captioned “COLLATERAL ASSIGNMENT.” Their signatures on that instrument (a printed form supplied by Metropolitan) were witnessed by a Metropolitan “field agent.” The instrument, hereafter referred to as “the assignment,” provided that the policy and all claims, options, privileges, rights, title, and interest therein were assigned to the Bank, except that the following rights were excluded so long as the policy had not been surrendered: (1) the right to collect from Metropolitan any disability benefit payable in cash that did not reduce the amount of insurance, (2) the right to designate and change the beneficiary, and (3) the right to elect any optional mode of settlement permitted by the policy or allowed by Metropolitan.

The assignment further provided that the policy was to be held as collateral security for any and all liabilities of the Vinsons to the Bank. The Bank agreed, among other things, that any balance of sums received under the policy from Metropolitan remaining after payment of the Vinsons’ liabilities to the Bank would be paid by the Bank to the persons entitled thereto under the terms of the policy.

Additionally, the assignment provided that the Bank would be under no obligation to pay any premium or other charges on the policy, but that any such amounts paid by the Bank from its own funds would become a part of the liabilities secured by the policy.

The assignment was sent to Metropolitan, where it was recorded and filed July 25, 1978. Metropolitan acknowledged receipt to the Bank on a form that stated, in pertinent part:

“This form of assignment is offered solely as an accommodation_ Metropolitan ... is not a party to this assignment and does not assume any responsibility for its validity or sufficiency.”

Nothing of consequence occurred during the ensuing five years, during which Metropolitan continued to collect the monthly premiums through the “check-o-matic” plan.

On September 2, 1983, Metropolitan presented to the drawee bank a draft for the premium due September 5, 1983. That draft was returned to Metropolitan, unpaid, [516]*516on September 22, 1983, bearing the notation “Payment Stopped.” At that time, the value of the policy was $32,500.

Metropolitan notified Mr. Vinson that the policy would be cancelled for nonpayment of the premium. No such notice was sent to the Bank. The September premium was never paid, and, upon expiration of the 31-day grace period, the policy lapsed and was cancelled effective October 6, 1983.

Metropolitan notified Mr. Vinson of the cancellation, but did not notify either Mrs. Vinson or the Bank.

Mr. Vinson died December 26, 1983. At that time, the amount payable under the policy would have been $32,500. The balance owed the Bank by the Vinsons on their loan was $12,769.34.

On January 23, 1984, Mrs. Vinson filed a claim with Metropolitan for the death benefits. Metropolitan denied the claim on the ground that the policy had been cancelled October 6, 1983. Metropolitan did, however, pay the Bank, as collateral assignee, $194.59, representing dividends earned on the policy.

The Bank and Mrs. Vinson filed this suit, seeking $32,500 plus interest from September 5, 1983. The trial court held:

“[The] assignment entitled the ... Bank to notice of cancellation which it did not receive. The assignment clause of the policy ... limits the recovery to the as-signee’s interest, to the sum of ... $12,-769.34_ The notice to the decedent of the policy cancellation for non-payment of premium precludes recovery by his beneficiary, [Mrs. Vinson].”

Judgment was correspondingly entered, and Metropolitan filed this appeal. Mrs. Vinson did not appeal.

Metropolitan’s first point states:

“The trial court erred in granting judgment for the ... Bank because there is no provision in the Missouri statutes, the insurance policy, or the collateral assignment requiring the insurer to notify the collateral assignee Bank of a default in premium payment or cancellation of the policy, and there was no conduct by Metropolitan which gave rise to a duty to provide such notice to the Bank.”

In considering the point, we must first take note of §§ 375.002 and 375.003, RSMo 1978. Section 375.002 provides, in pertinent part:

“1. A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:
(1) Nonpayment of premium....”

Section 375.003 provides, in pertinent part:

“1. No notice of cancellation of a policy to which section 375.002 applies shall be effective unless mailed or delivered by the insurer to the named insured at least thirty days prior to the effective date of cancellation. However, where cancellation is for nonpayment of premium at least ten days’ notice of cancellation shall be given....”

The Bank and Mrs.

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Bluebook (online)
723 S.W.2d 514, 1986 Mo. App. LEXIS 5107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-poplar-bluff-v-metropolitan-life-insurance-co-moctapp-1986.