Southern United Life Ins. Co. v. Caves

481 So. 2d 764, 55 A.L.R. 4th 233
CourtMississippi Supreme Court
DecidedNovember 27, 1985
Docket54867
StatusPublished
Cited by45 cases

This text of 481 So. 2d 764 (Southern United Life Ins. Co. v. Caves) 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
Southern United Life Ins. Co. v. Caves, 481 So. 2d 764, 55 A.L.R. 4th 233 (Mich. 1985).

Opinion

481 So.2d 764 (1985)

SOUTHERN UNITED LIFE INS. CO. and First State Bank of Waynesboro
v.
Mavon Ard CAVES.

No. 54867.

Supreme Court of Mississippi.

November 27, 1985.

*765 Joe Clay Hamilton, Hamilton & Boling, Meridian, John R. Gunn, Waynesboro, for appellants.

E. Gregory Snowden, Bourdeaux & Jones, Meridian, for appellee.

Before PATTERSON, C.J., and HAWKINS and ANDERSON, JJ.

ANDERSON, Justice, for the Court:

I.

This appeal is an action wherein Mavon Ard Caves, administratrix of the Estate of Elvin Allen Caves, sued Southern United Life Insurance Company, (hereinafter Southern) for failing to pay an amount due under a credit life insurance policy. The trial court granted summary judgment for Mrs. Caves on the issue of liability. The issue of punitive damages went to the jury, which awarded $10,000 damages to the appellee.

The appellants raised numerous assignments of error on this appeal. The main issues, however, are (1) whether summary judgment should have been granted and (2) whether the question of punitive damages should have been submitted to the jury. We are of the opinion that the trial court was correct in both rulings, and we affirm.

II.

Mr. Elvin Allen Caves, the deceased, purchased an automobile on January 8, 1982, financing it through First State Bank of Waynesboro. The loan transaction was conducted by Sue Tanner, an officer of the bank and undisputed licensed agent for Southern United Life Insurance Company. Mrs. Tanner had known Mr. Caves and done business with him for many years and admittedly knew of a prior serious heart attack he had suffered in 1974; however, *766 she also knew that he had been engaged in construction and oil field work since that time.

During the loan transaction, Mrs. Tanner asked Mr. Caves if he desired credit life insurance on the loan and he indicated that he did. Tanner then asked Caves if he had a physical examination for his current employment and he indicated that he had. Tanner then checked the appropriate box for credit life insurance and had Caves sign and retain a copy of the certificate. Tanner was under no duty or direction from Southern to inquire about the health of the potential insureds, but was to use her own discretion in issuing insurance to those applying. The certificate contained a condition that the insured must be in insurable health at the time it was written and referred to the master policy (not in the insured's possession) which provided that only the president, vice president, secretary or assistant secretary, had power to change, modify or waive the conditions of the policy. The certificate also provided that the company had 31 days from the receipt of their copy in the home office to investigate and accept or reject the insurance.

Caves had, in fact, suffered a heart attack in 1974 and had been under a doctor's care since that time. He was taking three different medicines, including nitroglycerin and collecting total social security disability benefits. He was also in pain and had been diagnosed as having a progressively worsening heart disease.

The total payment for the loan was $11,902.80, less $1,041.50 for credit life and disability insurance. The cost of credit life alone was $416.60.

Caves died on January 30, 1982, before the first loan payment was made. The cause of death was a heart attack associated with his pre-existing heart condition. Southern was notified of the insured's death, and payment of the claim was postponed pending investigation. The standard investigation by Equifax (which ordinarily only determined character and mode of living) was ordered, and the response was that the insured had already died. After obtaining medical records and reports of the insured, the insurance company rejected the claim, finding that the insured was not in insurable health at the issuance of the policy. The company then refunded the $145.82 premium, less their commission.

Mavon Ard Caves, the widow and administratrix brought suit on behalf of the estate. The court granted summary judgment for the plaintiff/appellee, directing Southern to pay the amount of the policy in full to the bank, the creditor beneficiary. The judge held that the question of punitive damages was a jury issue and the jury awarded $10,000 punitive damages to Mrs. Caves.

III.

The question of liability is not a difficult one. The appellant bases its refusal to pay on its contention that Caves was not in insurable health at the time of the issuance of the certificate. The policy provided that this condition could not be waived by the soliciting agent. Appellants contend that Tanner was not aware of the extent to which the insured's illness had progressed at the time and even if she was, she had no binding authority to waive the condition. It is a well established principle that the general laws of agency apply to insurance agency relationships. Gulf Guaranty Life Ins. Co. v. Middleton, 361 So.2d 1377 (Miss. 1978). In National Life v. Miller, 484 So.2d 329 (1985), the insurance company took the same position in seeking to disclaim the knowledge of its agents. The court stated:

National next asserts that the knowledge gained by Dillon and Blount while taking the application from Mrs. Miller cannot be imputed to it because they were merely soliciting agents. That position is contrary to the law of this state as defined both by statute and case law.

That case went on to cite Mississippi Code Annotation, Section 83-17-1 (1972):

Agent defined.
*767 Every person who solicits insurance on behalf of any insurance company, or who takes or transmits, other than for himself, an application for insurance or a policy of insurance, or who advertises or otherwise gives notice that he will receive or transmit the same, or who shall receive or deliver a policy of insurance of any such company, or who shall examine or inspect any risk, or receive, collect, or transmit any premium of insurance, or make or forward a diagram of any building, or do or perform any other act or thing in the making or consummation of any contract of insurance for or with any such insurance company, other than for himself, or who shall examine into or adjust or aid in adjusting any loss for or on behalf of any such insurance company, other than for himself, or who shall examine into or adjust or aid in adjusting any loss for or on behalf of any such insurance company, whether any of such acts shall be done at the instance or request or by the employment of the insurance company, or of or by any broker or other person, shall be held to be the agent of the company for which the act is done or the risk is taken, as to all the duties and liabilities imposed by law, whatever conditions or stipulations may be contained in the policy or contract. Such person knowingly procuring, by fraudulent representations, payment or the obligation for the payment of a premium of insurance shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or be imprisoned for not more than one year.

This statute is equally applicable to the case sub judice. It is wholly admitted that Tanner accepted payment of the premium knowing of the serious pre-existing condition of the insured which she failed to communicate to the company. As a matter of law, this knowledge was imputed to the principal, Southern United. The condition of insurability was effectively waived and the acts are binding upon the company. Gulf Guaranty, supra; Trawick v.

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

Related

Evans v. Evans
S.D. Mississippi, 2025
Anglin v. Gulf Guar. Life Ins. Co.
956 So. 2d 853 (Mississippi Supreme Court, 2007)
American Income Life Ins. Co. v. Hollins
830 So. 2d 1230 (Mississippi Supreme Court, 2002)
US FIDELITY & GUAR. COMPANY v. Estate of Francis
825 So. 2d 38 (Mississippi Supreme Court, 2002)
Provident Life & Accident Insurance v. Goel
274 F.3d 984 (Fifth Circuit, 2001)
Booker Ex Rel. Lloyd's of London v. Pettey
770 So. 2d 39 (Mississippi Supreme Court, 2000)
Steven Bruce Booker v. Holmes Pettey
Mississippi Supreme Court, 1998
McLeod v. Life of the South Ins. Co.
703 So. 2d 362 (Court of Civil Appeals of Alabama, 1997)
Murphree v. Federal Ins. Co.
707 So. 2d 523 (Mississippi Supreme Court, 1997)
Bush v. Ford Life Ins. Co.
682 So. 2d 46 (Supreme Court of Alabama, 1996)
Richards v. Amerisure Insurance
935 F. Supp. 863 (S.D. Mississippi, 1996)
Huff v. United Ins. Co. of America
674 So. 2d 21 (Supreme Court of Alabama, 1995)
Miller v. Dobbs Mobile Bay, Inc.
661 So. 2d 203 (Supreme Court of Alabama, 1995)
David L. Murphree v. Federal Ins. Co.
Mississippi Supreme Court, 1994
Suggs v. Pan American Life Insurance
847 F. Supp. 1324 (S.D. Mississippi, 1994)
Universal Life Ins. Co. v. Veasley
610 So. 2d 290 (Mississippi Supreme Court, 1992)
Pace v. Financial SEC. Life of Miss.
608 So. 2d 1135 (Mississippi Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
481 So. 2d 764, 55 A.L.R. 4th 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-united-life-ins-co-v-caves-miss-1985.