Sloan v. Colonial Life & Accident Ins. Co.

72 S.E.2d 446, 222 S.C. 248, 1952 S.C. LEXIS 28
CourtSupreme Court of South Carolina
DecidedSeptember 2, 1952
Docket16665
StatusPublished
Cited by10 cases

This text of 72 S.E.2d 446 (Sloan v. Colonial Life & Accident Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sloan v. Colonial Life & Accident Ins. Co., 72 S.E.2d 446, 222 S.C. 248, 1952 S.C. LEXIS 28 (S.C. 1952).

Opinions

Fishburne, Justice.

On July 17, 1940, the defendant, Colonial Life & Accident Insurance Company, in consideration of a premium paid to it by Charles Lee Sloan, executed to him a policy of accident insurance for the term of one year. The beneficiary named therein was the Estate of the Insured. The [250]*250policy was annually renewed thereafter for a period of about nine years.

On December 29, 1950, while the policy was still in force, Sloan died as a result of bodily injuries sustained by him in an automobile accident, and under circumstances covered by the policy. Due notice of loss and proofs of death were furnished. On refusal of the company to pay, this action was brought.

Plaintiff, who is administrator of the estate of the insured, sought to recover the full amount of insurance for loss of life by accident, — the sum of $3,000.00, with interest.

The insurance company by its answer, admitted that the insured died as the result of an accident covered by the terms of the policy, but denied liability for the full amount of $3,000.00. It alleged that the maximum principal sum payable under the policy issued by it to Charles Lee Sloan was the sum of $3,000.00, but that it is not liable for the payment of this amount because the policy expressly provides that between the ages of sixty-five (65) and sixty-nine (69), inclusive, the indemnities shown in the policy will be reduced one-half. It was further alleged by the defendant that at the time of his death, the insured had already attained the age of sixty-five, and was between the ages of 65 and 69; and that therefore the company’s liability for payment of indemnities was accordingly reduced by one-half.

Under the terms and conditions of its policy, the defendant: admitted its liability to plaintiff in the sum of $1,500.00, and tendered this sum in full payment, which offer was refused.

Plaintiff by reply, admitted that at the time of the death of the insured, he was between the ages of 65 and 69, but denied that the liability of the company thereby became reduced to one-half the maximum amount, and demanded judgment for the full sum of $3,000.00.

On trial, the issue was submitted to the county judge to construe the policy as a matter of law. The court rendered [251]*251judgment in favor of the plaintiff for only one-half the maximum principal sum, — $1,500.00, with interest. This appeal followed, and the only question presented by the appeal is the proper construction of certain paragraphs contained in the policy. This construction will, however, involve an examination of the entire contract.

We now refer to the policy:

Located in the middle of the first page, the death benefit is' designated under “Section One” as $2,000.00, in bold, prominent, black type, and in figures substantially larger than any other figures contained in the policy. Immediately following, and as a portion of Part A, under the head “Specific Losses” appears the following provision:

“If such injuries shall result, within 60 days from date of accident and directly and independently of all other causes, in any of the losses enumerated in this Part, the Company will pay the amount set opposite such loss, but only one of the amounts so specified shall be paid for injuries resulting from one accident and shall include amounts payable under succeeding Parts and Sections.

First Year Annual Increase Value After Principal Sum For Five Years Fifth Year “For Loss of Life $2,000.00 $200.00 $3,000.00”

It will be noted that in accordance with the foregoing schedule, the value of the policy issued to the insured increased annually for five years, and its value after the fifth year is shown to be $3,000.00. There is nothing on the first page of the policy to indicate that there is any limitation of the liability of the company to pay the full amount of $3,000.00 for loss of life after the fifth year. On the contrary, the only condition mentioned is that such loss of life must occur within sixty days from the date of the accident, and must result directly and independently of all other causes, from the accident.

The provision we have quoted, comprises an unqualified promise to pay the beneficiary named in the policy, withoui [252]*252any limitation whatsoever, the sum of $3,000.00. It is not denied here that the insured suffered death by accident within sixty days from the date of the accident, and that his death was directly subject to and caused by such accident.

The defendant contends, however, that Paragraph 7 of the General Provisions contained on Page 3 of the policy, limits its liability to one-half of the benefits provided for, by reason of the fact that the insured at the time of his death had reached the age of sixty-five. Paragraph 7 provides,An small black type:

“The indemnities shown in this Policy shall apply only to Insureds between the ages of ten (10) and sixty-four (64) inclusive. Between the ages of five (5) and nine (9) inclusive, and between the ages of sixty-five (65) and sixty-nine (69) inclusive, the indemnities shown in this Policy will be reduced one-half.”

It will be seen that no specific reference is made in this paragraph to Section One, Part A, found on the first page of the policy in big black type, in which the insurer stipulates without qualification, that the death benefit after the fifth year shall be $3,000.00. But despite this, if the policy contained no other provision relating to the question at issue, it would seem logical to hold that Paragraph 7 had direct reference to all indemnities provided for in the policy, and that if nothing else appeared, the judgment of the county court might be considered a correct construction. However, there is another very definite and applicable contract provision.

Paragraph 13 of the General Provisions, which follows Paragraph 7 in sequence, and which is the last paragraph in the policy on Page 3, provides:

“Yearly Accumulation of Benefits for Specific Losses : For each additional consecutive year after the expiration of the first year that this policy is in effect, without default in payment of premiums, the amount of benefits provided herein for death, dismemberment or loss of sight of insured as [253]*253provided in Section One, Part A, will increase at the rate of ten per cent (10%) per year of the original amounts until fifty per cent (50%) is thus added, and thereafter so long as this Policy shall remain in continuous force the insurance shall be for the said original amounts plus the accumulation.”

As shown in the policy, the foregoing paragraph is introduced by letters black and conspicuous, far larger than the type used in Paragraph 7.

By reference to the foregoing paragraph 13, it will be seen that it, unlike Paragraph 7,. makes specific reference to Section One, Part A, found on the first page of the policy, wherein the defendant promises to pay for the loss of life after the policy has been in force for five years, the sum of $3,000.00.

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Sloan v. Colonial Life & Accident Ins. Co.
72 S.E.2d 446 (Supreme Court of South Carolina, 1952)

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Bluebook (online)
72 S.E.2d 446, 222 S.C. 248, 1952 S.C. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sloan-v-colonial-life-accident-ins-co-sc-1952.