Kast v. American-Amicable Life Insurance

559 N.W.2d 460, 251 Neb. 698, 1997 Neb. LEXIS 37
CourtNebraska Supreme Court
DecidedFebruary 7, 1997
DocketS-94-1090
StatusPublished
Cited by17 cases

This text of 559 N.W.2d 460 (Kast v. American-Amicable Life Insurance) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kast v. American-Amicable Life Insurance, 559 N.W.2d 460, 251 Neb. 698, 1997 Neb. LEXIS 37 (Neb. 1997).

Opinions

Per Curiam.

Appellees, the surviving parents of Dallas Allen Kast and Connie Lynn Kast, personally and/or as personal representatives of their estates, sued appellant, American-Amicable Life Insurance Company of Texas (American Life), in Dawson County District Court for amounts payable under a life insurance policy. The applicable part of the policy provides that “[American Life] WILL PAY the amount determined from the Schedule of Death Benefits per Unit as shown herein, based on the then attained age of the Spouse [Connie Kast], The number of Units of Insurance ... is shown on page 3 . . . .” (Emphasis supplied.) Page 3 defines the number of units as “5.” American Life claims the amount due is that amount shown on the schedule of death benefits. Appellees claim the amount due is that shown on the schedule of death benefits “per Unit,” or five times as much. American Life argues that “per Unit” is one element of the larger clause, which includes “as shown herein.” Thus, the suit arises out of the interpretation of the phrase or reference to “per Unit as shown herein” in a section of the applicable insurance policy. The Dawson County District Court found no issues of material fact, granted appellees’ motion for summary judgment, and denied American Life’s motion for summary judgment. Specifically, the district court found that the plain language of the insurance policy entitled appellees to the judgment they were seeking and entered an order for payment to appellees in the amount moved for, $286,000, plus prejudgment interest, costs, and attorney fees. American Life appealed, stating that the district court erred as a matter of law in its interpretation of the clause contained in the “Family Insurance Agreement,” in finding that the policy was an adhesion contract, in determining that there was an ambiguity in the policy language, in granting appellees’ motion for summary [700]*700judgment and denying American Life’s motion for summary judgment, and in awarding five times the amount of coverage contracted for upon the life of the insured’s spouse. American Life also assigns that the district court erred in refusing to receive into evidence the affidavits of Robert A. Phares and Joe W. Dunlap; that the district court erred in refusing to give “ ‘much weight’ ” to the affidavit and supplemental affidavit of Madine Chaney which were received into evidence; and that the district court’s ruling was neither supported by the evidence nor sustained by sufficient evidence and was contrary to law. We removed the case from the Court of Appeals’ docket pursuant to our power to regulate the docket of the Court of Appeals. We reverse.

BACKGROUND

On or about September 1, 1989, American Life issued a life insurance policy to Dallas Kast which, in part, was a life insurance policy on the life of his spouse, Connie Kast. As to Connie Kast, the policy states:

[American Life] WILL PAY the amount determined from the Schedule of Death Benefits per Unit as shown herein, based on the then attained age of the Spouse [Connie Kast], upon receipt of due proof that the death of the Spouse occurred: (a) while this Agreement was in force; and (b) prior to the Expiry Date of this Agreement. The number of Units of Insurance under this Agreement is shown on page 3 of the Policy. The Expiry Date of this Agreement is the Policy anniversary nearest the Insured’s attained age 65.

All premiums were timely paid as of March 16, 1991. On that date, in the second year of the policy, Connie Kast died, along with her husband and son. Under the schedule of death benefits, the second year death benefit dropped from $73,250 to $71,500. Under the schedule of death benefits, the policy shows the number of units of insurance under the agreement as “5.000.” American Life was notified of the deaths and subsequently paid $71,500 and interest. Appellees filed suit, stating that the correct payment was $71,500 multiplied by the number of units, 5. The district court found that the plain language of [701]*701the insurance policy entitled appellees to the judgment they were seeking and entered an order for payment to appellees in the amount moved for, $286,000, plus prejudgment interest, costs, and attorney fees.

ASSIGNMENTS OF ERROR

American Life assigns as error:

1. The District Court erred as a matter of law in its interpretation of the clause contained in the Family Insurance Agreement....
2. The District Court erred as a matter of law in finding that the policy was an adhesion contract.
3. The District Court erred as a matter of law in determining that there was an ambiguity in the policy language.
4. The District Court erred as a matter of law in granting the plaintiffs’ summary judgment motion and denying the defendant’s Motion for Summary Judgment.
5. The District Court erred in refusing to receive into evidence the affidavits of Robert A. Phares and Joe W. Dunlap.
6. The District Court erred in refusing to give “much weight” to the affidavit and supplemental affidavit of Madine Chaney which were received into evidence ....
7. The District Court’s ruling was not supported by the evidence.
8. The trial court’s decision is not sustained by sufficient evidence and is contrary to law.
9. The trial court erred as a matter of law in awarding five times the amount of coverage contracted for upon the life of the insured’s spouse.

STANDARD OF REVIEW

The interpretation and construction of an insurance contract or policy involve questions of law, in connection with which an appellate court has an obligation to reach its conclusions independent of the determinations made by the court below. Farm Bureau Ins. Co. v. Bierschenk, 250 Neb. 146, 548 N.W.2d 322 (1996); Standard Fed. Sav. Bank v. State Farm, 248 Neb. 552, 537 N.W.2d 333 (1995); Columbia Nat. Ins. v. Pacesetter [702]*702Homes, 248 Neb. 1, 532 N.W.2d 1 (1995); Katskee v. Blue Cross/Blue Shield, 245 Neb. 808, 515 N.W.2d 645 (1994).

ANALYSIS

The parties are arguing over the interpretation of the reference to the words “per Unit” in the applicable section of the policy. American Life argues that $71,500 is the total payment due; appellees argue, and the district court found, that 5 units of $71,500 (5 times $71,500) were payable in the second year of the policy.

American Life attempted to introduce affidavits of individuals who attempted to explain the terms of the policy. Those individuals were Phares, an insurance agent, and Dunlap, vice president in charge of policy administration for American Life, but the court rejected the affidavits. The court did accept the affidavit of Chaney, the individual who issued the policy to Dallas Kast.

This court has held that whether an insurance contract is ambiguous and therefore in need of construction is a question of law.

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Kast v. American-Amicable Life Insurance
559 N.W.2d 460 (Nebraska Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
559 N.W.2d 460, 251 Neb. 698, 1997 Neb. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kast-v-american-amicable-life-insurance-neb-1997.