Verbaere v. Life Investors Insurance Co. of America

510 N.E.2d 946, 157 Ill. App. 3d 676, 109 Ill. Dec. 878, 1987 Ill. App. LEXIS 2753
CourtAppellate Court of Illinois
DecidedJune 17, 1987
DocketNo. 86—2993
StatusPublished
Cited by1 cases

This text of 510 N.E.2d 946 (Verbaere v. Life Investors Insurance Co. of America) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Verbaere v. Life Investors Insurance Co. of America, 510 N.E.2d 946, 157 Ill. App. 3d 676, 109 Ill. Dec. 878, 1987 Ill. App. LEXIS 2753 (Ill. Ct. App. 1987).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Defendant Life Investors Insurance Company of America appeals from an order of the trial court denying its motion for summary judgment and granting plaintiffs Peter and Angela Verbaere’s cross-motion for summary judgment. Defendant claims that its obligation under a credit insurance policy issued to the Community Bank of Homewood-Flossmoor terminated upon notification from the bank that plaintiffs’ indebtedness to the bank had been discharged.

In April 1978, plaintiffs borrowed $15,500 from the bank for the purchase of a motor home. As collateral for this loan, the bank took a second mortgage on plaintiffs’ residence and a purchase money security interest in the motor home. Plaintiffs secured credit disability and credit life coverage from three companies, one of which was defendant. The total coverage secured met the amount of plaintiffs’ indebtedness to the bank for the loan. Defendant issued a certificate to the bank guaranteeing payment to the bank of $125 per month for a maximum of 10 years should death or disability render plaintiffs unable to make payments on their loan.

In December 1978, plaintiff Peter Verbaere became totally disabled. Defendant commenced monthly payments of $125 to the bank and continued to make payments through October 1982.

In March 1982, plaintiffs contracted to sell their residence. In order to clear title, plaintiffs needed to obtain a release of the second mortgage which the bank held as part of the security on the motor home purchase plan. Plaintiffs and the bank agreed to substitute an amount of cash equal to the remaining balance on the motor home loan for the second mortgage on their home. In accordance with this agreement, plaintiffs deposited a check in the amount of $8,754.84, the outstanding balance of their loan, in a non-interest-bearing account at the bank, and the bank released the mortgage.

In October 1982, the bank, allegedly in breach of its agreement with plaintiffs, seized the deposit being held as collateral on the motor home loan and paid the loan in full. In an earlier appeal, this court held that plaintiffs stated a valid cause of action against the bank in their charge that the bank breached its contract with plaintiffs by seizing the collateral deposited with the bank in exchange for release of the second mortgage on the residence. (Verbaere v. Community Bank (1986), 148 Ill. App. 3d 249, 498 N.E.2d 843.) That matter apparently is pending in the trial court, but we agree that the bank’s alleged independent breach of contract and the circumstances of that transaction have no effect on defendant’s obligation under the insurance contract.

In any event, the bank notified defendant of the discharge of plaintiffs’ indebtedness on October 12, 1982, resulting in defendant’s termination of monthly payments. Defendant invoked the cancellation provision of the insurance policy which states:

“CANCELLATION: If through prepayment, renewal, refinancing, or otherwise, the indebtedness in connection with which this insurance is written, is discharged prior to its scheduled maturity date, the insurance hereunder will be cancelled and a refund granted to the Insured calculated in accordance with a refund formula known as the Sum of the Digits Method or ‘The Rule of 78’ which formula is on file with the Insurance Department of the state in which this Policy was issued and with the Creditor.”

Defendant paid plaintiffs a premium refund in the amount of $600.75; and no further payments were made to either the bank or plaintiffs. In this action against defendant, plaintiffs asserted that after learning the debt was discharged, defendant was obligated under the policy to make payments directly to plaintiffs.

In granting summary judgment in favor of plaintiffs on their breach of contract action, the trial court focused on a provision of the insurance policy entitled “Beneficiary” to reach the determination that defendant was obligated to continue making payments to plaintiffs. The language of this provision states:

“BENEFICIARY: All proceeds payable under this policy as the result of the disability of an Insured Obligor are payable to the Creditor to the extent of its interest and the balance, if any, shall be paid to the Obligor, if living, or to the estate of the Obligor.”

The trial court concluded that in order for the above provision to have any significance, the policy must have contemplated the situation in which the obligor, under a continuing disability, would be entitled to receive direct payment after the debt has been discharged in part or in full.

Under the undisputed facts, the only issue before us is whether ' plaintiffs are entitled by law to continued payments from defendant. By the terms of the group policy insuring plaintiffs’ loan, defendant agreed that in the event one of the plaintiffs became totally disabled, it would pay benefits to the bank towards satisfaction of plaintiffs’ indebtedness to the bank. Both sides agree that the purpose of such credit disability insurance is to indemnify a disabled debtor or obligor for payments becoming due a creditor. Peter Verbaere qualified for insurance benefits under this group policy when he became' totally disabled in 1978. It is also undisputed that defendant began making payment upon Peter’s disability and only ceased making payments upon notification by the bank that plaintiffs’ debt had been discharged.

On appeal, defendant contends that pursuant to the cancellation provision of the policy, its obligation terminated when it was advised that the loan was paid off, regardless of the circumstances under which the debt was discharged. Defendant claims that with no outstanding debt, there was no credit to insure and, thus, its liability terminated. Plaintiffs counter that their right to benefits under the contract vested at the time Peter became disabled and this right continued because he was still disabled at the time the debt was paid.

We find that this court’s holding in Vogelsang v. Credit Life Insurance Co. (1970), 119 Ill. App. 2d 67, 255 N.E.2d 479, is dispositive of the law governing this case. In Vogelsang, a plaintiff who was insured under credit disability insurance became disabled and attempted to collect under the policy. An affirmative defense offered by defendant insurance company was that the underlying obligation was paid off before the claim was made. Plaintiff admitted the obligation was paid by the time the suit was filed but not when notice of the claim was filed with defendant. The trial court held that payment of the underlying debt barred plaintiff’s cause of action. On appeal, defendánt conceded that the trial court’s holding could not be supported and the court held that if this were the only issue in the case, summary reversal would be in order. On page 71, the court stated that “it is the onset or commencement of the disability during the period that the policy is in effect which is the condition precedent upon which the liability of the company depends.” 119 Ill. App. 2d 67, 71, 255 N.E.2d 479.

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Related

Verbaere v. Life Investors Insurance Co. of America
589 N.E.2d 753 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
510 N.E.2d 946, 157 Ill. App. 3d 676, 109 Ill. Dec. 878, 1987 Ill. App. LEXIS 2753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verbaere-v-life-investors-insurance-co-of-america-illappct-1987.