Levitan v. Savings Bank Life Insurance Department of Massachusetts

1 Mass. L. Rptr. 335
CourtMassachusetts Superior Court
DecidedNovember 10, 1993
DocketNo. 92-6083-E
StatusPublished

This text of 1 Mass. L. Rptr. 335 (Levitan v. Savings Bank Life Insurance Department of Massachusetts) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Levitan v. Savings Bank Life Insurance Department of Massachusetts, 1 Mass. L. Rptr. 335 (Mass. Ct. App. 1993).

Opinion

Butler, J.

INTRODUCTION

Plaintiff Joy Levitan, the widow of Fredric Levitan, has sued The Savings Bank Life Insurance Department of Massachusetts for life insurance benefits she claims are due her as a result of her husband’s death. Savings Bank, relying upon an exclusion in the policy purchased by Mr. Levitan, has maintained that it is not obliged to pay out any sums in excess of premiums paid because the insured committed suicide within two years of the “issue date” of the policy.

The case is now before the court on the defendant’s motion for summary judgment. The plaintiff parried with a claim that there was a genuine dispute as to a material fact — whether the death was indeed a suicide — but, acknowledging the weakness in that argument, cross-moves for summary judgment on the policy language. At issue in the policy language is the term “issue date.” Since a policy of insurance is a contract, its interpretation is a legal matter for the court to decide.

FACTUAL BACKGROUND

It is axiomatic that the victims of a suicide include the survivors. This case presents a painful insight into the horror of the act of suicide. Nevertheless, the litigation concerns the interpretation of a contract between the insured and the defendant.

On or about February 15, 1989, Fredric Levitan telephoned an insurance agent to secure additional life insurance coverage because he and his wife, Joy, were refinancing their house. The Levitans had two children, including a son, David. Joy and the two children were the named beneficiaries on the policy.

Mr. Levitan signed his application on February 15, 1989, and on February 22, 1989 sent his application and full payment for the annual premium — $257.30— to Savings Bank. The application contains the following language: “I agree that the insurance applied for shall not take effect until the first full premium is paid.” Drawing reasonable inferences most favorable to the plaintiff from the materials submitted, Mr. Levitan believed that he was required to send in the first premium with the application.1 In any event, the agent with whom he dealt explained to Mr. Levitan that by sending in the premium with the application, there would be no delay in effectuating coverage once the application was approved. The application makes no reference to an “issue date.” Savings Bank accepted the application, began the process of a medical review and cashed the check.

On March 21, 1989, a paramedical examination, conducted by a nurse, was completed. The policy was approved on May 4, 1989.

The policy, in the face amount of $130,000, bearing an “Issue Date” of May 5, 1989, was issued to Mr. Levitan on May 5, 1989. The policy is a one-year renewable policy. The terms of the policy relevant to the inquiry presented in this case are as follows:

Section 1. Policy Fundamentals
Policy Renewal
At the end of each policy year, we’ll automatically renew the policy for another year. We won’t require new evidence of insurability. Premiums for the [336]*336renewal will be as shown in the premium schedule. The premium then due must be paid.
Issue Date
The issue date is shown on the Policy Face. Policy months, years and anniversaries are figured from this date.
Limited Benefit in Case of Suicide
If the insured, whether sane or insane, commits suicide within two years from the issue date, we will pay only a limited benefit. The benefit will be limited to the amount of premiums paid for this policy, less:
any amount owed us; and
any dividends we’ve paid in the form of cash or reduced premiums.
Section 2. Premium Payments
When to Pay Premiums
The first premium is due on the issue date. Premiums are then due annually on each policy anniversary.

While the policy does not define “issue date,” it is apparent from the clear language of the policy that it is that date entered on the face of the policy by the insurer, following application, approval and payment of the premium have occurred. A medical evaluation and/or examination is a condition precedent to the approval of the application. The application itself states that the insured agrees “that the insurance applied for shall not take effect until the first premium is paid and the policy delivered while each person to be insured is in good health.” (Emphasis added.)

The application completed by Fredric Levitan contained, on the reverse, Parts 2 and 3 for a “medical” evaluation. In addition to questions relating to employment and medical history, the form includes an authorization permitting the release of medical records and information to the insurer. The authorization was signed by Mr. Levitan, the “Proposed Insured.”

The underwriting process at Savings Bank is controlled by the state medical director. Savings Bank cannot issue a policy for life insurance unless it is approved by the state medical director. Because of Mr. Levitan’s age, the medical director wrote for an attending physician’s statement, which was received by Savings Bank on May 4. The next day the policy was issued and sent to Mr. Levitan.

On March 8, 1991, Mr. Levitan’s body was found lying on a blanket on the floor of his father-in-law’s closed garage. His wife’s parents were away in Florida. The keys were in the ignition, in the “on” position. Mr. Levitan’s head was on a pillow, positioned near the exhaust pipe of his automobile. A towel had been placed against the door leading from the garage into the house. Inside the house, in the bathroom, were open bottles of barbiturates. On the vanity counter were photographs of his family. On the steps to the Jacuzzi were pillows of the same design as found in the garage. Two envelopes containing letters, one addressed to Joy, and one addressed to his son, were found in the other family car which was also parked in the garage. To his wife, Mr. Levitan left a note expressing his sorrow, asking her forgiveness, and requesting a specific disposition of his remains.

The death certificate indicated that the time of injury was 2:00 a.m. It stated that the cause of death was carbon monoxide intoxication, the manner of death was suicide. An autopsy confirmed the cause of death as carbon monoxide poisoning, and confirmed the presence of barbiturates and morphine in his body.

At the time of his death, Mr. Levitan and his wife were experiencing marital problems and were seeing a marriage counsellor.

In May 1991, the plaintiff presented a claim for benefits due under the policy. On May 21, 1991, Savings Bank notified the plaintiff that she was not entitled to receive benefits because of the occurrence of death by suicide within two years of the “issue date.”

DISCUSSION

There is a presumption in law against suicide. Krantz v. John Hancock Mut. Life Ins. Co., 335 Mass 703, 711-12 (1957). A presumption stands until evidence is introduced to the contrary. Giligian v. New England Truck Co., 265 Mass. 51, 55 (1928). The introduction of prima facie evidence of suicide destroys the presumption against suicide. Krantz, supra at 712.

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Bluebook (online)
1 Mass. L. Rptr. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levitan-v-savings-bank-life-insurance-department-of-massachusetts-masssuperct-1993.