National Bankers Life Insurance v. Cabler

90 So. 2d 201, 229 Miss. 118, 1956 Miss. LEXIS 592
CourtMississippi Supreme Court
DecidedNovember 5, 1956
DocketNo. 40264
StatusPublished
Cited by8 cases

This text of 90 So. 2d 201 (National Bankers Life Insurance v. Cabler) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Bankers Life Insurance v. Cabler, 90 So. 2d 201, 229 Miss. 118, 1956 Miss. LEXIS 592 (Mich. 1956).

Opinion

Kyle, J.

Chester F. Cabler, as complainant filed suit in the Chancery Court of Lauderdale County against the National Bankers Life Insurance Company, a corporation, as defendant, seeking to recover hospital and medical expenses alleged to have been incurred by the complainant for the care and treatment of a rectal disorder during the period from March 4, 1955, to May 26, 1955, and for the payment of which the complainant alleged that [121]*121the defendant was liable under a health and accident insurance policy issued to the complainant during the year 1953, a copy of which was attached to the bill of complaint.

The defendant filed a general demurrer to the bill of complaint, which was overruled, and from the decree overruling the demurrer the defendant has prosecuted this appeal.

The complainant alleged in his bill that the policy of insurance had been issued to him on April 14, 1953, and that the policy was in full force and effect at the time the hospital and medical expenses sought to be recovered were incurred. The complainant further alleged that he had been hospitalized in March and April 1954 on account of a disease or disorder of the rectum, and that he had filed a claim under the policy for the expenses incurred at that time, which the defendant had paid; that the policy came up for renewal on July 14, 1954, and a few days before the renewal date, the defendant wrote the complainant a letter advising him that the defendant’s membership committee had agreed to a renewal of the policy only on the condition that the complainant would sign a waiver, which was to be attached to the policy as a supplement forming a part of the policy, agreeing “to waive any claim for indemnity on account of any loss or disability hereafter sustained which shall be caused or contributed to by any ailment, disease or disorder of the rectum or peri-rectal tissues.” The complainant further alleged that on or about July 12,1954, he forwarded to the defendant a money order for the quarterly premium about to become due for the next three months period, but the money order was returned to him a few days later with a letter stating that the premium could not be accepted because of his failure to sign the waiver, and in that letter he was advised that the signed waiver and a remittance of $10.50 should be forwarded to the home office on or before August 13, to prevent a lapse of the policy; and that he replied to that letter on August 2, [122]*1221954, and in Ms letter of that date stated that the reason that he had not sighed the waiver was that he was still under the doctor’s care, and that, if and when the doctor released him, he would waive any future claims on that particular ailment.

The complainant further alleged in his hill that the defendant wrote the complainant another letter on August 10,1954, in which the defendant acknowledged that it was liable to the complainant for benefits under the policy for an illness originating during the period for which the defendant had already accepted premiums, and thereby induced the complainant to sign the waiver, “which is in the possession of defendant,” and to pay additional premiums to the defendant; that the complainant relied on the representation of the defendant that he would he covered under the terms of the policy for any illness originating during a period for which premiums had been accepted, and that he would be covered for the illness complained of, inasmuch as it had originated during a period for which premiums had been paid. The complainant further alleged that because of the above mentioned illness which had begun on or about March 20, 1954, it had become necessary for him to obtain additional medical treatment and hospitalization during the period beginning March 4, 1955, and ending May 26, 1955; that the medical and hospital expenses incurred amounted to $976.90; and that he was entitled to reimbursement under the policy in the amount of $700.90.

The complainant attached to his bill of complaint copies of the letters mentioned above, and also a copy of the waiver dated July 14, 1954, which he had signed and rm turned to the defendant prior to the expiration of the thirty days grace period allowed under the terms of the policy.

In its general demurrer to the bill of complaint, the defendant alleged that there was no equity on the face of the bill. The defendant also filed an answer, in which [123]*123it admitted that the policy was issued on April 14, 1953, but denied that the policy in its original form was in full force and effect at the time the above mentioned medical and hospital expenses were incurred. The defendant averred that the policy had been modified and changed by the waiver dated July 14, 1954,‘which had been signed by the complainant prior to the defendant’s acceptance of the renewal premium of that date; and the defendant denied that it was liable for any part of the medical and hospital expenses incurred on account of the recurrence of the rectal disorders in 1955. The defendant admitted that the letters referred to in the bill of complaint had been written and received by the respective parties, but denied that the defendant’s letter of August 10, 1954, was misleading or had any different meaning from that which was expressed; and the defendant denied that it had made any representation to the complainant that any recurrence of the rectal ailment in the future would be covered by the policy.

The chancellor overruled the general demurrer, and granted an appeal to settle the controlling principles of law.

The only error assigned or argued on this appeal is that the court erred in overruling the appellant’s demurrer to the bill of complaint. It is argued on behalf of the appellant that the policy was a term policy renewable only at the option of the company; that the bill of complaint shows that the appellant declined to renew the policy on July 14, 1954, unless the appellee agreed to waive all future benefits arising by virtue of hospitalization for rectal disorders; that the appellee agreed to the condition stated and signed the waiver, and the claim sued on is specifically barred by the terms of the waiver. The appellee, in answer to that contention, says that the statements contained in the appellant’s letter of August 10, 1954, were in effect representations that the appellant would continue to be liable for hospital and surgical [124]*124expenses incurred thereafter for any illness originating prior to the date of the execution of the waiver, and that the appellant is estopped by the representations made in that letter to claim that the hospitalization required from March 4,1955, to May 26, 1955, was not covered under the terms of the policy.

It seems clear to us from the allegations of the hill that the waiver dated July 14, 1954, was intended to eliminate any claim for indemnity for hospital and surgical expenditures incurred after that date on account of any ailment, disease or disorder of the rectum.

The policy sued on is not a life term policy. It is a term contract, providing indemnity ‘ ‘ for losses as specified in the schedule coverage, caused by accidental bodily injuries or by sickness.” The only coverage for which premiums were paid was coverage for hospital and surgical expenses. The renewal quarterly premium was $10.50. The policy shows on its face that it became effective April 14, 1953, and that the initial term expired July 14, 1953. The policy recites in bold type that is is renewable at the option of the company only.

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Cite This Page — Counsel Stack

Bluebook (online)
90 So. 2d 201, 229 Miss. 118, 1956 Miss. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-bankers-life-insurance-v-cabler-miss-1956.