Hundley v. Metropolitan Life Insurance Co.

172 S.E. 361, 205 N.C. 780, 1934 N.C. LEXIS 69

• Court: Supreme Court of North Carolina
• Decided: January 24, 1934
• Status: Published

Opinion

BeogdeN, J.

Tbe serial certificate issued to Sam H. Hundley by tbe defendant contained tbe following provision: “Any employee insured under this plan, who shall become wholly and permanently disabled while in our employ, before reaching tbe age of sixty, either by accident, injury or disease, and is thereby permanently, continuously and wholly prevented from pursuing any and all gainful occupation, will be regarded as a claimant by tbe Metropolitan Life Insurance Company. Six months after tbe receipt of due proof of such disability, tbe insurance company will begin making payments of tbe amount of insurance under any one of tbe following plans at tbe option of tbe person insured,” etc.

An analysis of tbe foregoing clause in tbe policy discloses tbat in order to recover, the plaintiff must offer competent evidence tending to show: (a) permanent disability as defined before age sixty; (b) due proof of such “disablement”; (c) tbat six months have elapsed since furnishing such proof, and tbat there has been a failure to pay. Tbe record discloses tbat summons was issued on 3 November, 1931. Tbe wording of tbe contract clearly specifies tbat tbe company shall not begin to make payments until six months after tbe receipt of tbe proof. Obviously, payment could not be enforced before tbe lapse of six months, and hence it follows tbat tbe action was prematurely brought. It is not deemed relevant to discuss tbe meaning of tbe six months’ clause or for what reason it was inserted in tbe contract. It is there in plain English. Nor is tbe fact tbat tbe defendant denied liability material for tbe reason tbat tbe parties bad contracted to postpone payments until six months after tbe receipt of proof.

Affirmed.