Soutiea v. American National Ins. Co.

595 S.W.2d 467, 1980 Mo. App. LEXIS 2441
CourtMissouri Court of Appeals
DecidedFebruary 26, 1980
DocketNo. 41118
StatusPublished
Cited by2 cases

This text of 595 S.W.2d 467 (Soutiea v. American National Ins. Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soutiea v. American National Ins. Co., 595 S.W.2d 467, 1980 Mo. App. LEXIS 2441 (Mo. Ct. App. 1980).

Opinion

REINHARD, Judge.

Plaintiffs appeal from a summary judgment entered in favor of defendant by the trial court under Rule 74.04. Plaintiffs’ case against defendant was for the alleged failure to pay the benefits under a life insurance policy. On appeal, plaintiffs submit that the trial court erred in rendering said summary judgment in that there remained a genuine issue of material fact and because “two conclusions of law upon which the trial court based its decision” were erroneous.

From the record we learn that defendant’s agent, Arthur J. Franks, came to plaintiffs’ home to discuss the purchase by plaintiffs of a policy of life insurance on the life of their son, Wayne Edward Soutiea. On that date, Wayne Edward Soutiea was eighteen years of age. Plaintiff, Marcella Soutiea, was to be the beneficiary of the insurance. There is a dispute as to what occurred at this meeting regarding the application. However, the parties do not dispute the following facts: 1.) that plaintiff, Marcella Soutiea, gave a check in the amount of $4.38 to the agent which was subsequently cashed by the defendant; 2.) that Wayne Edward Soutiea died on September 28,1968 and plaintiffs filed with the defendant proof of death; 3.) that subsequent to the notification of death defendant issued a check made payable to Marcella Soutiea in the amount of $4.38; 4.) that [469]*469written on the front of the check was: “refund on deposit of Wayne E. Soutiea. Application not secured.”; and 5.) that this check was cashed.

On October 5, 1976, plaintiffs, Edward and Marcella Soutiea, filed a petition in which they alleged that on or about September 16, 1968, plaintiff Marcella Soutiea, applied for a written policy of insurance on the life of her son, Wayne Edward Soutiea, in the face amount of $2,500.00. The terms of the policy required plaintiffs to pay defendant, American National Insurance Company, $4.38 per month. Plaintiff, Marcella Soutiea, was to be the beneficiary. In the petition, the plaintiffs further alleged that on the date of the application, plaintiff, Marcella Soutiea, gave a duly authorized agent of defendant a check in the amount of $4.38 made payable to the order of defendant. The plaintiffs further stated that the defendant accepted and deposited the check and that upon this acceptance the company “became obligated to supply, issue and cause to be delivered to the plaintiff, MARCELLA SOUTIEA, a written policy of insurance . . . .” The petition also contained allegations that Wayne Edward Soutiea had died on September 28 and that plaintiff, Marcella Soutiea, had filed proof of death with the defendant.

The plaintiffs further allege that the first premium had been refunded and that they had complied with and met all their obligations and duties under the agreement and had performed all the conditions to said agreement. Finally, the plaintiffs alleged that defendant “vexatiously refused to pay” the death benefit owed to the plaintiff, Marcella Soutiea, under the terms of the policy of insurance.

Subsequently, defendant filed an amended answer wherein they admitted their corporate existence, but denied each and every other allegation contained in plaintiffs’ petition. The record further discloses extensive discovery by the parties. In due course both parties filed motions for summary judgment. The court sustained defendant’s motion.

On reviewing a motion for summary judgment, we must scrutinize the record in the light most favorable to the parties against whom the motion was ruled and accord to such parties the benefit of every doubt. Edwards v. Heidelbaugh, 574 S.W.2d 25, 27 (Mo.App.1978). The trial court may render a summary judgment only when the movant shows from the pleadings, depositions, and admissions together with affidavits on file that there exists no genuine issue of material fact and as a matter of law, the movant is entitled to judgment. Phegley v. Porter-DeWitt Construction Co., 501 S.W.2d 859, 863 (Mo.App.1973); Rule 74.04(c). The movant, in this case the defendant, must make such a showing by “unassailable proof”. Phegley v. Porter-DeWitt Construction Co., 501 S.W.2d 859, 863 (Mo.App.1973). A "genuine issue of material fact” exists whenever there is the slightest doubt as to the facts. Seliga Shoe Stores, Inc. v. City of Maplewood, 558 S.W.2d 328, 331 (Mo.App.1977).

Here, defendant’s motion for summary judgment relied upon the pleadings, answers to interrogatories, admissions and affidavits. Arthur J. Franks, by affidavit, stated that he was a representative of the American National Insurance Companies; that before the death of Wayne Edward Soutiea an application for life insurance was partially completed on the life of the proposed insured; that before any information was placed on the application for insurance, Marcella Soutiea handed him a check in the amount of $4.38 which was intended to be the first premium payment; that Mrs. Soutiea asked him if she could sign the application for her son and that he informed her this was not permitted; that he told Mrs. Soutiea that her son would have to sign the application; that the son was eighteen years of age at the time of the partial completion of the application; that Franks attempted to obtain the signature of the son, but was unable to do so; that neither the son nor Mrs. Soutiea signed the application; and that because the son never signed the application, he never prepared or gave a conditional receipt to the plaintiffs.

[470]*470In support of their motion for summary judgment, plaintiffs filed an affidavit of Marcella Soutiea in which she stated that Franks presented an application of insurance to her; that the application was filled out; that she signed the application; that Franks advised her that her son would never be required to sign the application as a condition to the insurance; that she paid the first premium to Franks; and that her son died thereafter.

Plaintiffs’ petition alleged that no policy of insurance was issued and plaintiffs’ answers to interrogatories admitted that the son did not sign the application for insurance on his life. The plaintiffs’ answers further admitted that neither the defendant nor any of its agents left or delivered any documents on the date of the making of the application.

The court, in denying plaintiffs’ motion and sustaining defendant’s motion for summary judgment, concluded that the policy of insurance was not in effect at the date of the death of Wayne Edward Soutiea. The court specifically found: “It is undisputed that the conditional receipt was not delivered to plaintiffs by defendant’s agent in exchange for the payment of the first premium. The provisions of the application clearly require such an exchange before coverage is effected.” The court further found: “It is also undisputed that the proposed insured did not sign the application. Company regulations require the signature of a proposed insured over the age of sixteen. The application expressly excludes any waiver or modification of the application on the part of the agent.”

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Bluebook (online)
595 S.W.2d 467, 1980 Mo. App. LEXIS 2441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soutiea-v-american-national-ins-co-moctapp-1980.