Equitable Life Assurance Society v. Robinson

147 N.E.2d 648, 77 Ohio Law. Abs. 18, 1957 Ohio Misc. LEXIS 288
CourtCourt of Common Pleas of Ohio, Franklin County, Civil Division
DecidedSeptember 19, 1957
DocketNo. 181605
StatusPublished
Cited by1 cases

This text of 147 N.E.2d 648 (Equitable Life Assurance Society v. Robinson) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Franklin County, Civil Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equitable Life Assurance Society v. Robinson, 147 N.E.2d 648, 77 Ohio Law. Abs. 18, 1957 Ohio Misc. LEXIS 288 (Ohio Super. Ct. 1957).

Opinion

OPINION

By GESSAMAN, J.

In this action the plaintiff seeks (1) the declaration of this Court (a) construing §9404 GC (now §3911.20 R. C.). as not prohibiting the operation of plaintiff’s Assured Home Ownership Plan in Ohio; (b) that said plan does not violate said section and is not illegal; and (2) for an order (a) enjoining the defendant from taking any proceedings or steps to compel the plaintiff to discontinue said plan in Ohio and (b) from taking or instituting any proceedings for the revocation of plaintiff’s license to do business in the State of Ohio by reason of the operation of the plan in Ohio. The case has been submitted to the Court upon the pleadings, the evidence, including certain stipulations, and the briefs of counsel.

Plaintiff is a corporation organized and existing under the laws of the State of New York and is licensed to transact business in Ohio. It is engaged in the business of selling life, health and accident insurance and annuity contracts not only in Ohio but in all states and the District of Columbia. In the same territory, plaintiff is also engaged in the business of investing its assets and reserves in certain investments, including loans secured by mortgages on real estate and other forms of collateral.

Counsel have stipulated that-

1. Plaintiff has developed and operates in the State of Ohio an investment program for the making of long-term, monthly amortizing residential loans which is now known as the Assured Home Ownership Plan, hereinafter referred to as the Plan.

[20]*202. Said loans are made pursuant to that portion of Section 81, subdivision 6 (a) of the Insurance Law of the State of New York, which limits the making of first lien mortgage loans to an amount which does not exceed two-thirds of the value of the real property securing the same.

Counsel have also stipulated that the plan is in part as follows:

(a) Plaintiff loans funds on promissory notes, secured by mortgages on residences to home owners in conjunction with insurance on the lives of the borrowers.

(b) The property upon which the mortgage loan is placed must meet standards of location, design and appraisal. The dwelling may be already owned or the loan may be the primary means of acquiring or building it.

(c) There is a selection of borrowers, as well as properties, in that the applicant must be a good financial and moral risk. The amount and duration of a particular loan are determined not only by the condition of the property, but also by the prospective earning power of the family provider.

(d) Life insurance protection is required to cover the contingency of the cessation of earning power of the family provider because of his death. The person insured must be the support of the family and if the dwelling is owned by the wife but the husband is the support of the family, the insurance must be on the life of the latter. The life insurance may be either insurance, issued by the plaintiff, already in force or insurance newly issued by the plaintiff of types of insurance such as Ordinary Life, Adjustable Whole Life, Limited Payment Life and Endowment forms, as the applicant may select. The use of such types of insurance provides cash and loan values in the policy which, subject to the approval of plaintiff, may be used to tide the loan over periods of sickness, financial embarrassment or unemployment, and when such values equal the unpaid balance of the loan, they may be used to pay off the mortgage. Under the assignment hereinafter referred to, the persons insured under the Plan may only use the cash values on the life insurance to meet monthly or final payments on the mortgage-secured loans and this only with the approval of plaintiff or withdraw said cash values when the loans secured by such mortgages are paid in full. No such limitation is contained in the terms of the policy providing said life insurance but a copy of the assignment is attached to the policy.

(e) The rates of interest on such loans, the minimum and maximum amounts of loans, and the terms of repayment have varied from time to time through the years, depending on changes in interest rates in the lending market, on market practices and other conditions in the residential loan field.

(f) Plaintiff now makes no other form of residential loans.

(g) When new insurance is to be'used, the insurance must be in full force and effect before a commitment for a loan will be made. Agents of the plaintiff who are licensed to solicit insurance business are author[21]*21ized to accept applications for loans for transmittal to the plaintiff’s Residential Mortgage Department.

(h) When an application for a loan is submitted, the applicant is required to make a good faith deposit of $25.00 and a deposit to cover the cost of appraiser’s and photographer’s fees and receives a receipt therefor. The loan application is forwarded to the local office of the plaintiff’s Residential Mortgage Department where it is processed exclusively by the salaried employees of that office. Then the property is inspected and appraised; photographs and surveys, when necessary, are made, and title opinions of attorneys or title policies obtained. If life insurance on the life of the borrower has been assigned to the plaintiff and the loan for which the borrower applied has been closed, plaintiff assumes the cost of appraiser’s and photographer’s fees with reference to the property on which the mortgage loan is granted.

(i) Determination as to the desirability of the loan is made wholly independent of any life insurance consideration. If the loan is found to be desirable and if life insurance issued by the plaintiff (existing or newly issued) is in force as provided under the Plan, the Residential Mortgage Department at the Home Office will thereafter, if it approves the application for the loan, make a commitment to advance the amount of the loan applied for, subject to the usual title closing requirements and assignment of the life insurance policy to plaintiff.

(j) Whether existing insurance or newly issued insurance is involved, the loans are closed in the customary way by local attorneys or title companies and plaintiff tokes a note secured by a first mortgage as well as an assignment of the life insurance theretofore placed in force. The policy or policies are stamped to indicate that they have been assigned to plaintiff and are to be returned to the insured. In addition to the life insurance, plaintiff requires fire and windstorm insurance on the property to protect the loan.

(k) By the terms of the assignment of the policy to the plaintiff, the insured reserves the right to change the beneficiary named in the policy to receive the amount due in excess of the amount required to pay off the loan. The insured also reserves the right to withdraw in cash any dividends apportioned to the policy; but if he does not withdraw a dividend in cash, but elects to apply such dividend to purchase ‘dividend additions’ or ‘dividend deposits,’ then they become subject to the lien of the assignment.

(L) The life insurance to be provided may be either existing insurance with the plaintiff, or new insurance issued by the plaintiff, or a combination of both. In any case, the insurance must be in an amount equal to the loan.

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Bluebook (online)
147 N.E.2d 648, 77 Ohio Law. Abs. 18, 1957 Ohio Misc. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-life-assurance-society-v-robinson-ohctcomplfrankl-1957.