Blanton v. Liberty National Life Insurance Co.

476 So. 2d 67, 1985 Ala. LEXIS 4087
CourtSupreme Court of Alabama
DecidedAugust 30, 1985
Docket84-43
StatusPublished

This text of 476 So. 2d 67 (Blanton v. Liberty National Life Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanton v. Liberty National Life Insurance Co., 476 So. 2d 67, 1985 Ala. LEXIS 4087 (Ala. 1985).

Opinion

ADAMS, Justice.

This appeal is from a directed verdict entered in the Circuit Court of Mobile County in favor of defendant, Liberty National Life Ins. Co. (Liberty National), and against plaintiff, Garilyn Blanton. Plaintiff sued for the face amount of a life insurance policy which her husband applied for shortly before he died in an automobile accident on March 7, 1980. We affirm.

The events leading up to the filing of this action are as follows:

On February 26, 1980, Donnie Blanton applied for a $25,000.00 life insurance policy with Liberty National. Blanton was an employee of Liberty National at the time he submitted this application for insurance, and had worked there for approximately eighteen months. Blanton completed the application and had Thomas Williams, an agent of Liberty National, sign for the company. On the application, Blanton stated that he already had $25,000.00 of life insurance with the company, but evidence produced at trial showed unequivocally that he had $35,000.00 of life insurance at that time. Therefore, Blanton would have had $60,000.00 of life insurance had this application been approved by Liberty National. The importance of this distinction is that the company requires any applicant in the age group that Donnie Blanton was in to undergo a medical examination prior to the issuance of insurance when that applicant’s insurance exceeds $50,000.00, including both applied-for insurance and already acquired insurance.

Contemporaneous with the submission of the application for life insurance, Blanton paid one-twelfth of the annual premium as required by the terms of the policy before it could become effective. Approximately one week later, on March 6, 1980, an application status letter was mailed from Liberty National’s Birmingham office to Blanton in Mobile, to inform him that he would have to undergo a medical examination before his application for life insurance could be approved. There is no proof that Blan-ton recieved this letter before his death on March 7, 1980. It is undisputed, however, that Blanton did not undergo a medical examination, pursuant to this letter, prior to his death.

After Liberty National denied coverage regarding this application for life insurance, Blanton’s widow, Garilyn Blanton, filed suit seeking the benefits of the policy. The trial court granted summary judgment in favor of the insurer and this Court reversed, 434 So.2d 773, due to insufficiency of the affidavits in support of the summary judgment motion. The case went to trial on September 17, 1984, and the trial court directed a verdict for the insurer on all counts. Plaintiff has appealed from the directed verdict only as it relates to the contract claim.

The crucial question in this litigation is: was there a contract of temporary insurance in existence at the time of Donnie Blanton’s death? Plaintiff asserts that, according to the terms of the application for insurance and the receipt given to her husband, there was a contract of temporary insurance between her husband and Liberty National, as all of the conditions set forth therein were satisfied. Liberty National denied coverage solely on the basis that Donnie Blanton had not undergone a medical examination as was required by the company. Plaintiff maintains that the application and receipt do not indicate, by their own terms, that a medical examination was required. Plaintiff also contends that our holding in Powell v. Republic National Life Ins. Co., 337 So.2d 1291 (Ala.1976), should govern the instant appeal. In Powell, this Court held that a temporary binder of insurance was created until the application was actually approved or disapproved, and that any other result would be unconscionable under the terms of the application and receipt.

We are of the opinion that the case at bar is unlike Powell. First, this Court recognized in Powell that the insurance policy was not submitted by an underwriter, who would have been familiar with the language typically included in these policies, but was submitted by a lay person, who could not be held to possess such an under[69]*69standing of the terms in the application and receipt. In the instant case, however, the applicant was an insurance agent for the company whose coverage he sought to obtain, so that he undoubtedly was more familiar with the terms of the application and receipt.

Another important factor which distinguishes the case at bar from Powell is the type of clause used in the application and receipt. In Powell, the clause states:

"I understand that if the first full premium is paid with the application and if the application is approved by the Company at the Home Office ... the policy will be effective from the date of application.”

In the “Declaration” section of the application for insurance before us on appeal, the following langauge appears:

3. The Company will require a medical examination of the Proposed Insured (a) if the amount of insurance hereby applied for exceeds $30,000.00 for a Proposed Insured whose age nearest birthday on the date of this application is 0 to 30 years inclusive ...; or (b) if the Proposed Insured is 51 years of age or older nearest birthday on the date of this application; or (c) if the Proposed Insured has been previously rejected for insurance by any insurance company; or (d) if requested by the Company for any other reason. (Emphasis added.)

The conditional receipt given to Donnie Blanton provides:

UNLESS ALL CONDITIONS SPECIFIED IN PARAGRAPH “A” BELOW ARE FULFILLED EXACTLY, NO INSURANCE WILL BECOME EFFECTIVE PRIOR TO DELIVERY OF THE POLICY. NO AGENT OF THE COMPANY IS AUTHORIZED TO CHANGE OR WAIVE ANY OF SUCH CONDITIONS.
A. CONDITIONS UNDER WHICH TEMPORARY INSURANCE FOR A LIMITED AMOUNT MAY BECOME EFFECTIVE PRIOR TO POLICY DELIVERY.
If: (1) The amount of money received with the application for Insurance is not less than one-twelfth of the first annual premium for the amount of insurance which may become effective prior to delivery of the policy on the plan applied for and any check or draft given in payment thereof is honored when first presented to the drawee bank; and (2) the application form has been completed and all required medical examinations, tests, x-rays, and electrocardiograms on the Proposed Insured are completed within sixty days from the date of part one of the application....

E. EFFECTIVE DATE DEFINED.

As used in this Receipt, “Effective Date” shall mean the later of: (1) the date of completion of part one (and part two if required) of the application from which this Receipt is detached or (2) the date of completion of all medical examinations, tests, x-rays and electrocardiograms required by the Company. (Emphasis added.)

In Powell,

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Williams v. First Colony Life Insurance Co.
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Prince v. Western Empire Life Insurance Company
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Blanton v. Liberty Nat. Life Ins. Co.
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Powell v. Republic Nat. Life Ins. Co.
337 So. 2d 1291 (Supreme Court of Alabama, 1976)

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Bluebook (online)
476 So. 2d 67, 1985 Ala. LEXIS 4087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanton-v-liberty-national-life-insurance-co-ala-1985.