Cosmopolitan Life Insurance Co. v. Northington

300 S.W.2d 911, 201 Tenn. 541, 5 McCanless 541, 1957 Tenn. LEXIS 332
CourtTennessee Supreme Court
DecidedFebruary 8, 1957
StatusPublished
Cited by22 cases

This text of 300 S.W.2d 911 (Cosmopolitan Life Insurance Co. v. Northington) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cosmopolitan Life Insurance Co. v. Northington, 300 S.W.2d 911, 201 Tenn. 541, 5 McCanless 541, 1957 Tenn. LEXIS 332 (Tenn. 1957).

Opinions

Mr. Justice Burnett

delivered the opinion of the Court.

This suit was brought by the Insurance Company under the Declaratory Judgments Act statutes, Sec. 23-1101 et seq., T.C.A., for the purpose of declaring. Chapter 195 of the Public Acts of 1955 unconstitutional.

The Chancellor, after the original bill had been amended and supplemented, sustained demurrers and held that the Act was constitutional. This appeal resulted. We have heard argument, had briefs tiled, read the authorities and given considerable thought to the matter and are now ready for a determination of the questions involved.

[545]*545Chapter 195 of the Public Acts of 1955 is entitled or captioned, “An Act to regulate bnrial insurance and to provide penalties for violation thereof. ’ ’ This Act originated in the Senate as Senate Bill No. 336. The Senate Journal for 1955 shows the various steps that were taken to enact this hill into law and among the others on page 597 of the Senate Journal this appears:

“Insurance and Banking
“Mr. Speaker: Your Committee on Insurance and Banking begs leave to report that we have carefully considered and recommend Senate Bill No. 336, for passage.
“Eslick, Chairman.”

In a concise manner the Act attempts to separate life insurance business from undertaking business by requiring life insurance companies to pay beneficiaries under their policies in money instead of in funeral merchandise and services. The Act is thus prohibitory in that it prohibits life insurance companies from contracting with particular undertaking establishments to bury the insureds’ of the company.

In the final analysis the bill in this case alleges that this Act is in violation of Article 2, of Section 17 of our Constitution; in violation of “the provisions of Section 1 of the Fourteenth Amendment of the Constitution of the United States;” it violates “the provisions of Article 1, Section 8 of the Constitution of the State of Tennessee;” and that the Act is in violation of “the provisions of Article 11, Section 8, of' the Constitution of the State of Tennessee.” We will consider each of these questions separately and attempt to arrive at what we consider a correct answer thereto.

[546]*546The bill as it finally reaches us alleges among other things that the burial insurance business was a perfectly lawful business and resulted in a great benefit to the public in general; that the business was inoffensive to public safety, health and morals of the citizens of the State; that burial insurance companies and associations are today and were prior to the enactment of the Act in question providing funds for respectable burial for literally thousands of people who for nearly a half a century would have been charges upon the community and would have been buried in Potter’s Fields, had it not been for such burial insurance companies; that the citizens of the State have been placed in an advantageous position of being able to contract for their funeral and disposition of their bodies at a fraction of the cost of the services otherwise. It is further alleged that the cost of an $800 funeral, if purchased by a 20 year payment burial insurance policy, is 37c per week at the age of 35. It is also shown that under the form policy issued by this company, which is attached as exhibit hereto, that if the insured dies within a 20 year period the service costs him the amount paid by his weekly premiums. It is also shown that if he lives past the 20 year payment period that the maximum cost of this $800 funeral for him is only $384.80. It is also shown that the survivors of the insured have the option of either taking the funeral as contracted for in the policy or a cash payment as provided in the policy.

The bill also alleges that prior to the burial insurance business that no one but wealthy people could get a respectable burial and that the general attitude of most undertakers was “to get every penny that the traffic would bear”; that this fact was brought about by the [547]*547fact that many undertakers were unable to collect their bills for the services of burying a dead person and that a lot of times a person could not be buried for a number of days because the relatives had to scatter about among themselves and raise the money to bury the person; and that by reason of this insurance taken out by a small weekly premium that they would have a decent burial' upon their death.

By Section 1 of the Act life insurance companies and others similarly situated are prohibited from issuing contracts in which they designate any particular person or company to conduct the funeral of the insured, and they are prohibited from entering into any type of contract which otherwise restricts freedom of arrangement for funeral services.

Under Section 2, the companies are prohibited from issuing contracts payable in any thing other than legal tender of the United States. Contracts' in effect at the time of the passage of the Act are not affected by this provision.

In Section 3, of the questioned Act such companies as it affects are prohibited from entering into contracts with funeral directors providing that such funeral directors shall conduct the funeral of persons insured by such companies. This section, however, permits the beneficiary under .the policy to assign the policy to an undertaker after the death of the insured and after liabilty has accrued.

By Section 4, the companies covered by this Act are forbidden to enter into any contract to furnish funeral merchandise or services upon the death of any person insured. By Section 5, the Commissioner of Insurance [548]*548is directed to revoke the license of companies and. agents for the violation of the Act and Section 6, makes the violation a misdemeanor.

As indicated above it was first insisted that the Act is in violation of Article 2, Section 17 of our Constitution because the caption indicates that the purpose of the bill is to regulate burial insurance whereas the provisions in the body of the Act (as above indicated) prohibit burial insurance to be paid in merchandise and thus it is said that the body of the bill is broader than the caption. One of the purposes of this Section of the Constitution is to protect the people against surprise legislation. It is said that-under this caption or title of the Act there is nothing in the world to indicate the prohibitions which are contained in the body of the Act and it is thus said that since there is this inconsistency between the caption and the body of the Act it is unconstituional and void for this inconsistency. The argument on this feature is extended to some length but we are satisfied that this contention is erroneous here because we do not believe that there has been any violation of this provision of the Constitution.

“The two-subject clause of the Constitution was intended to prevent a combination in the same act of laws upon wholly different subjects; to avoid the union of incongruous matters in one statute; to secure unity of purposé in legislative enactments.” Bell v. Hart, 143 Tenn. 587, 223 S.W. 996.

The late Chief Justice Green in speaking on the subject in Davis v. Hailey, 143 Tenn. 247, 252, 227 S.W. 1021, 1022. said:

[549]

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Cosmopolitan Life Insurance Co. v. Northington
300 S.W.2d 911 (Tennessee Supreme Court, 1957)

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Bluebook (online)
300 S.W.2d 911, 201 Tenn. 541, 5 McCanless 541, 1957 Tenn. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosmopolitan-life-insurance-co-v-northington-tenn-1957.