Woodmen of the World Life Ins. Society v. Hymel

544 So. 2d 664, 1989 La. App. LEXIS 1078, 1989 WL 54978
CourtLouisiana Court of Appeal
DecidedMay 24, 1989
Docket88-160
StatusPublished
Cited by6 cases

This text of 544 So. 2d 664 (Woodmen of the World Life Ins. Society v. Hymel) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodmen of the World Life Ins. Society v. Hymel, 544 So. 2d 664, 1989 La. App. LEXIS 1078, 1989 WL 54978 (La. Ct. App. 1989).

Opinion

544 So.2d 664 (1989)

WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY Plaintiff-Appellee,
v.
Zan HYMEL and Mrs. Jessie J. Hymel Defendants-Appellants.

No. 88-160.

Court of Appeal of Louisiana, Third Circuit.

May 24, 1989.
Rehearing Denied June 29, 1989.

*665 Donald R. Jory, Jennings, for plaintiff-appellee.

Bennett R. LaPoint, Lake Arthur, Neblett, Beard & Arsenault, Richard W. Beard, Alexandria, for defendant-appellant.

Before DOMENGEAUX, STOKER and KNOLL, JJ.

STOKER, Judge.

This is a concursus proceeding filed by Woodmen of the World Life Insurance Society (Woodmen) for distribution of the life insurance proceeds from a policy on the life of Billy Wayne Hymel. The concursus defendants are Zan Hymel, Billy Wayne's widow, and Jessie Hymel, Billy Wayne's mother. Both Zan and Jessie Hymel have appealed suspensively from the judgment of the trial court.

FACTS

Prior to December 9, 1985 Billy Wayne Hymel purchased a life insurance policy bearing certificate No. 4332690, with a face amount of $25,000 and naming Zan Hymel as beneficiary. On December 9, 1985 Billy Wayne executed an insurance application to increase the face amount of the policy to $80,000 and to convert the policy into an "Adjustable Life Policy," naming as his primary beneficiary Zan Hymel. Subsequently, but before April 24, 1986, Billy Wayne and Zan physically separated.

On April 24, 1986 Billy Wayne applied to Woodmen to increase the amount of insurance by an additional $150,000. On that application he named Jessie Hymel as his primary beneficiary. That application bears Certificate No. 4383350. Subsequently, a new policy was issued under Certificate No. 4332690 with a face amount of $230,000 and listing Jessie Hymel as the primary beneficiary.

Billy Wayne Hymel died on July 11, 1986.

In response to the conflicting claims of Zan and Jessie Hymel to the insurance proceeds, Woodmen invoked this concursus proceeding and deposited the proceeds in the registry of the court. Zan Hymel filed a reconventional demand against Woodmen for penalties and attorney's fees for its arbitrary and capricious failure to pay the insurance proceeds to her. Zan Hymel also filed a cross-claim against Jessie Hymel for any proceeds received by Jessie under Certificate No. 4383350.

Jessie Hymel also filed a reconventional demand against Woodmen for negligence in effecting the change of beneficiary and praying for damages to the extent that she did not receive the full $230,000 of proceeds.

The trial court found that there were essentially two life insurance policies—one for $80,000 of which Zan Hymel was beneficiary and an "additional insurance" for $150,000 of which Jessie Hymel was beneficiary. The trial court awarded the insurance proceeds in accordance with this finding after deducting costs of the proceeding from the insurance proceeds. The court dismissed the claim of Zan Hymel against the community for one-half of the premiums paid or one-half of the cash value of the policy, finding the proceeds were not *666 part of the community and such a claim would be more properly against the decedent's estate. Zan's reconventional demand against Woodmen was also dismissed since Woodmen's failure to pay was not without just cause and Woodmen properly invoked the concursus proceeding. Jessie Hymel's reconventional demand against Woodmen was severed from the concursus proceeding.

The judgment of the trial court has been appealed suspensively by both Zan and Jessie Hymel. We reverse in part.

OPINION

On appeal, both appellants raise issues as to the admissibility of parol evidence to determine the intent of the insured and the applicability of the "substantial compliance" jurisprudence and the "strict construction rule" to determine whether a change of beneficiary was effectuated by Billy Wayne Hymel. We find the case can be resolved without resort to parol evidence and, accordingly, will not discuss the propriety of its use in this case. We proceed, therefore, with discussions of the insurance contract itself and of the beneficiary under the contract.

THE INSURANCE POLICY

The trial court found that there are essentially two insurance policies involved since there are two different certificate numbers. This finding is not correct.

On December 31, 1985 a life insurance policy was issued by Woodmen to Billy Wayne Hymel under Certificate No. 4332690 with a face amount of $80,000. The contract of insurance includes the following provision defining the contract itself:

"CONTRACT

The contract between the member and Woodmen consists of:

• This certificate, including endorsements, additional applications, and amendments, if any.

• The written application, a copy of which is attached to this certificate.

• The Articles of Incorporation of Woodmen.

• The Constitution and Laws of Woodmen.

• The Articles of Incorporation and the Constitution and Laws and any amendments to them are binding on the member and the beneficiary but will not take away or reduce any of the benefits of this certificate.

• This certificate is granted in consideration of the application and payment of the initial premium."

The application for insurance is appended to this contract. Zan Welch Hymel is listed as primary beneficiary on this application. The contract also provides for increases in face amounts as follows:

"FACE AMOUNT CHANGES

Changes in the face amount will become effective at the beginning of the month following Woodmen's approval of the change. After the first certificate anniversary, the member may change the face amount by written request subject to the following:"

* * * * * *

"3. Any increases will be subject to the following:

a. Increases must be applied for on a new application form.
b. Evidence of insurability satisfactory to Woodmen must be provided.
c. The monthly deductions for the increase will be deducted from the cash value."

On April 24, 1986 Billy Wayne Hymel filed an application for an increase in the face amount of his policy of $150,000. The application bears Certificate No. 4383350. In this application Billy Wayne named Jessie Conner Hymel, his mother, as primary beneficiary and Heather Noel Trahan, his niece, as alternate beneficiary. Section D of the application, "The Applicant's Agreement," has a handwritten note on it, "Face Amount Increase—use existing cash value. CTF # 4332690." The date and applicant's signature follow this section. This application was appended to the insurance policy.

A Certificate Amendment issued June 4, 1986 and effective July 1, 1986, bearing *667 Certificate No. 4332690, was appended to the original insurance policy. The amendment shows an increase in the policy's face amount by $150,000 for a total of $230,000.

A new amended insurance policy was subsequently issued bearing Certificate No. 4332690 and having a face amount of $230,000. The application for increase in face value was appended to this policy.

It is clear that the application for increase in the face value increased the original policy by $150,000. It did not create a new, separate insurance policy or contract for $150,000. The fact that the application for increase in face value has a different certificate number stamped on the first page appears to have no bearing on the fact that the original policy was increased by this application. The Certificate Amendment bears the same number as the original certificate.

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Bluebook (online)
544 So. 2d 664, 1989 La. App. LEXIS 1078, 1989 WL 54978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodmen-of-the-world-life-ins-society-v-hymel-lactapp-1989.