Roberson v. Gulf Life Insurance

655 So. 2d 953, 1995 Ala. LEXIS 7, 1995 WL 11437
CourtSupreme Court of Alabama
DecidedJanuary 13, 1995
Docket1930975
StatusPublished

This text of 655 So. 2d 953 (Roberson v. Gulf Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberson v. Gulf Life Insurance, 655 So. 2d 953, 1995 Ala. LEXIS 7, 1995 WL 11437 (Ala. 1995).

Opinion

HOUSTON, Justice.

Gladys Roberson sued Gulf Life Insurance Company (“Gulf Life”), American General Life and Accident Insurance Company (“American General”), and David McLeod, seeking damages for, among other things, intentional and reckless misrepresentation and suppression.1 Roberson also sought to recover damages based on allegations of “wanton” misrepresentation. The trial court entered a summary judgment for the defendants on the “wanton” misrepresentation claim and submitted the other claims to the jury. The jury returned a verdict in favor of the defendants, and the trial court entered a judgment on that verdict. Roberson appealed. We reverse and remand.

Three issues are presented for our review:

[955]*955(1) Whether the trial court committed reversible error in charging the jury on Roberson’s burden of proof;

(2) Whether the trial court committed reversible error in failing to adequately charge the jury on the elements of Roberson’s claim alleging reckless misrepresentation; and,

(3) Whether the summary judgment on Roberson’s “wanton” misrepresentation claim was improper.

Due to the nature of the issues presented and the approach we have taken in resolving these issues, a detailed statement of the facts is not necessary. It is sufficient to note that in 1984 Roberson’s daughter, Carla, disappeared under circumstances strongly suggesting, but not proving, that she had drowned. Carla’s body was never found, and the evidence was inconclusive as to the cause of her death. Gulf Life, a subsidiary of American General Corporation, through its district manager, McLeod, informed Roberson in 1984 that she would have to continue to pay the premiums for seven years on six policies of insurance on her daughter’s life in order to collect the benefits under those policies. Five of the policies were “whole life” insurance policies with double indemnity provisions, and one provided for accidental death benefits only. When McLeod represented to Roberson that she would have to wait seven years to file claims under the policies, Ala. Code 1975, § 43-8-6, provided (as it does now), as follows:

“A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.”

Roberson paid the premiums for seven years, as instructed. At the end of the seven-year period, Gulf Life paid Roberson all of the benefits that were due under the policies except accidental death benefits. American General, another subsidiary of American General Corporation whose claims department handles claims made under Gulf Life policies, initially represented to Roberson that an insured was presumed dead under Alabama law after seven years’ absence, but later informed Roberson that Gulf Life had made a mistake in requiring her to pay the premiums on the policies for seven years instead of five, and Gulf Life refunded to her the excess premiums that she had paid, plus interest. However, American General refused to consider payment of any accidental death benefits until Roberson obtained a judicial declaration that her daughter’s death was, in fact, accidental. Roberson based her misrepresentation claims on allegations that Gulf Life, through McLeod, and later American General, had misrepresented to her that she had to continue to pay premiums on the policies for seven years, instead of five, before she could file a claim; she based her suppression claim on allegations that Gulf Life and American General had failed to inform her that she possibly could have obtained a judicial declaration of death at any time following her daughter’s disappearance and that she would be required to seek a judicial declaration of accidental death before she could receive accidental death benefits under the policies; and she based her “wantonness” claim on allegations that Gulf Life and American General had acted wantonly in misrepresenting to her that she would be able to collect all of the benefits under her six policies if she paid the premiums on those policies for seven years after her daughter’s disappearance.

With respect to the first issue, Roberson contends that the trial court erroneously charged the jury that before she could recover damages for fraud she had to prove that her daughter’s death had been accidental. The defendants contend that Roberson is reading the trial court’s charge out of context. They argue that when the charge is read in context, and considered with certain evidence that Roberson introduced at the trial, it becomes clear that the jury could not have been misled as to Roberson’s burden of proof with respect to her fraud claims.

Our review of the record indicates that Roberson, over objection, was allowed to introduce evidence pertaining to American General’s handling of an unrelated claim, supposedly for the purpose of establishing a [956]*956pattern or practice of fraudulent conduct on American General’s part. The evidence shows that with respect to that claim, which was made on the death of Mallory Tucker, American General initially raised the suicide exclusion in the policy as a basis for refusing to pay the claim, but eventually paid the claim after it had been shown additional evidence suggesting that Tucker’s death was not the result of a suicide. In an apparent attempt to convey to the jury that American General had the burden of proof as to the applicability of the suicide exclusion regarding the Mallory Tucker claim but that Roberson had the burden of proving to American General, before she could collect under the policies, that her daughter’s death was accidental, the defendants requested, and received, the following jury instruction:

“I charge you that with respect to the evidence which has been introduced in this case concerning the claim for the death of Mallory Tucker, the law would have placed the burden of proof on American General to prove Mr. Tucker voluntarily and intentionally took his own life if American General had chosen to contest the claim on the basis of a suicide exclusion in the policy.
“I would further charge you that in this case, Gladys Roberson had the burden to prove her daughter died an accidental death within the coverage provisions of the policy in order to receive accidental death benefits.”

The jury was otherwise instructed that Roberson could recover under her fraud claims if she proved to the jury’s reasonable satisfaction each of the elements of those claims.

It is well settled that a party is entitled to proper jury instructions with respect to the issues presented. Alabama Farm Bureau Mutual Insurance Service, Inc. v. Jericho Plantation, Inc., 481 So.2d 343 (Ala.1985). However, after carefully examining the trial court’s oral charge in its entirety, as we are required to do, Wright v. Rowland, 406 So.2d 830 (Ala.1981), we are satisfied that the jury was properly instructed on Roberson’s burden of proof with respect to her allegations of fraud and that that portion of the charge quoted above could not have misled the jury into believing that Roberson’s recovery under her fraud claims was contingent on her first establishing that her daughter’s death was accidental.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wright v. Rowland
406 So. 2d 830 (Supreme Court of Alabama, 1981)
Alabama Power Co. v. Brooks
479 So. 2d 1169 (Supreme Court of Alabama, 1985)
Williams v. Allstate Ins. Co.
591 So. 2d 38 (Supreme Court of Alabama, 1991)
Ala. Farm Bur. Mut. Ins. Service v. Jericho Plantation
481 So. 2d 343 (Supreme Court of Alabama, 1985)
Alabama Power Co. v. Turner
575 So. 2d 551 (Supreme Court of Alabama, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
655 So. 2d 953, 1995 Ala. LEXIS 7, 1995 WL 11437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-gulf-life-insurance-ala-1995.