Gilmore v. Imperial Life Insurance

155 S.E. 566, 199 N.C. 632, 1930 N.C. LEXIS 200

• Court: Supreme Court of North Carolina
• Decided: October 29, 1930
• Status: Published

Opinion

ClaeKsoN, J.

Tbe facts set forth in tbe judgment of tbe court below are controlling. Tbe policy contract, in clear language, provides tbat if tbe insured dies of “apoplexy” witbin one year, tbe liability of tbe company is limited to tbe return of tbe premiums, wbicb have been returned to tbe plaintiff, beneficiary, prior to tbe institution of this action. We will not discuss tbe fact tbat tbe plaintiff, beneficiary, has accepted tbe premiums and perhaps is estopped to bring this action, but will decide tbe main question as to tbe binding effect of tbe contract. We can see no reason why tbe contract, although one of insurance, is not binding like any other contract, when a reasonable time limit is fixed as in tbe present contract.

In Spruill v. Northwestern Mutual Life Ins. Co., 120 N. C., 141, it is held: Where a life policy provides tbat if, witbin two years from tbe date thereof, “tbe said assured shall, whether sane or insane, die by bis own band, then this policy shall be null and void,” tbe insurer is protected from all liability if, witbin tbe two years, suicide shall be committed by tbe assured, whether sane or insane.

Wo think the ease of Holbrook v. Insurance Co., 196 N. C., 333, distinguishable. The statute, C. S., 6460, is not applicable to the facts in this case.

In the present case, the contract of insurance in specific language excludes apoplexy as a risk until one year after the policy contract is in force. The judgment of the court below is

Affirmed.