Cheney v. Metropolitan Life Insurance Co.

370 N.W.2d 569, 1985 S.D. LEXIS 310
CourtSouth Dakota Supreme Court
DecidedJune 19, 1985
Docket14482
StatusPublished
Cited by16 cases

This text of 370 N.W.2d 569 (Cheney v. Metropolitan Life Insurance Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cheney v. Metropolitan Life Insurance Co., 370 N.W.2d 569, 1985 S.D. LEXIS 310 (S.D. 1985).

Opinions

BERNDT, Circuit Judge.

This is an appeal from a summary judgment dismissing an action for declaratory judgment, mandamus and other relief, by appellant, Marva Cheney, to collect life insurance benefits. We affirm.

The facts of this case are before us by stipulation and are not in dispute.

Appellant was the widow of Julian Cheney. Julian Cheney took office as the South Dakota Commissioner of School and Public Lands on January 3, 1983, and thus became a state employee, eligible to join the state employees’ group life insurance plan. Cheney died January 16, 1983.

Marva Cheney died subsequent to the initiation of this action. By stipulation and order, William B. Cheney and Luke A. Cheney, as co-trustees of the Marva Cheney Trust, were substituted as parties plaintiff.

Appellee, Metropolitan Life Insurance Company, hereinafter called Company, is the underwriter for the State Insurance Group Life Insurance Plan, which is administered through its agent, South Dakota Public Employees Insurance System, hereinafter called System, also an appellee.

[571]*571On January 3, 1983, Cheney was furnished with an “offering brochure” and the necessary forms to apply for life insurance coverage under the State’s group plan. The offering brochure, or booklet, outlines the insurance plan which was available and specifies when coverage takes effect under the heading, “When Your Insurance Becomes Effective.”

Cheney signed and submitted, on January 3, 1983, the necessary application requesting to be insured for three times his basic annual earnings, which were rounded out at $102,000.00. The application authorized the State of South Dakota to make the necessary payroll deductions to cover the premium. Appellant wife was designated as the beneficiary.

There is an insurance contract, or master policy, between Company and System which was issued January 1, 1973. Page 1 of this policy states: “The provisions hereinafter contained, including those in the Exhibits, are part of this Policy as fully as if recited over the signatures hereto affixed.” Under “Eligibility and Effective Dates of Insurance” this policy, Page 2, Section 2, reads as follows:

A. Eligibility. — Each Employee shall be eligible for insurance hereunder on his own account ... as set forth in the Exhibit applicable to him.
B. Effective Dates of Insurance. — The insurance on account of any Employee ... shall become effective as set forth in such Exhibit.

The Schedule of Exhibits lists only one exhibit, namely, Certificate Form G.3300A, F, IKE, 31, 2XYA, as applicable to all employees. In regard to this certificate, Section 7, Page 6 of the policy reads:

Certificates. — The Insurance Company will issue to the Employer, for delivery to each Employee insured hereunder, an individual certificate which shall state the insurance to which such Employee is entitled under this Policy and to whom benefits are payable, and which shall summarize the provisions of this Policy principally affecting the Employee. The word “certificate” as used in this Policy includes certificate riders and certificate supplements, if any.

This certificate, entitled “Group Insurance Certificate,” sets out an employee’s eligibility for insurance and the effective date thereof as follows:

Each Employee employed subsequent to January 1, 1973 shall be eligible for insurance under the Group Policy on his own account on the first warrant date for the payroll deduction for the contribution required by the Employer toward the cost of his insurance under the Group Policy next following the date of his employment.
The insurance on account of any Employee who makes such request on or before the date of his eligibility for such insurance shall become effective on the date of his eligibility for such insurance provided he is actively at work on such date. The insurance on account of any Employee who makes such request after the date of his eligibility for such insurance and on or before the thirty-first day following the date of his eligibility for such insurance (or on or before the thirty-first day following the date of his return to active work if he is not actively at work on the date of his eligibility for such insurance) shall become effective on the next following warrant date following the date of such request, provided he is then actively at work....

Company furnished to System a manual entitled “Group Insurance Administration Manual” which sets forth general information and procedures to be followed in administering the group insurance program. Chapter II of the manual covers eligibility and effective dates of the employee life insurance as follows:

Eligibility Date. — The warrant date of the first payroll deduction for the cost of the employee’s insurance following the date of his employment.
Effective Date. — 1. Same as “Eligibility Date” if the card was signed on or prior to the eligibility date.

[572]*572LEGAL ISSUE

Was Julian Cheney covered under the State Employees’ Group Life Insurance Plan on the date of his death, January 16, 1983?

Appellant contends that Section 7, Page 6, of the policy and SDCL 58-16-38

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Cheney v. Metropolitan Life Insurance Co.
370 N.W.2d 569 (South Dakota Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
370 N.W.2d 569, 1985 S.D. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheney-v-metropolitan-life-insurance-co-sd-1985.