[DOWNLOAD] "Howe v. National Life Ins. Co." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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Title: Howe v. National Life Ins. Co.
Author : Supreme Judicial Court of Massachusetts
Release Date : January 11, 1947
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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RONAN, Justice. The plaintiff, the beneficiary named in a policy issued by the defendant and insuring the life of her husband, brings this action to recover double indemnity which the defendant agreed to pay 'upon receipt of due proofs that the death of the insured resulted independently of all other causes from * * * bodily injury effected solely and exclusively by violent, external, and accidental means * * * but subject to the following terms and conditions: This accidental death benefit shall not be payable if the death of the insured resulted (a) directly or indirectly from disease of any kind * * *.' The insured, a salesman, forty-one years of age, was injured on November 5, 1943, when the automobile in which he was riding was struck in the rear by another automobile. His chest was brought in contact with the steering wheel, and he received some abrasions on his legs, contusion of his abdomen and chest, and a sprained back and neck. He was attended by a physician and returned to his employment, keeping more or less irregular hours until November 23, 1943, when he collapsed at his place of employment and was taken to a hospital where he died on December 22, 1943, of coronary thrombosis. The plaintiff had a verdict. The case is here on an exception of the defendant to the denial of its motion for a directed verdict. The obligation of the defendant to pay double indemnity did not arise until it had received due proof that the insured had met with an accidental death within the coverage of the policy. The furnishing of such proof being a condition precedent to liability, the burden was upon the plaintiff to show that she had given such proof. Shulkin v. Travelers Indemnity Co., 267 Mass. 160, 166 N.E. 552; Larsen v. Metropolitan Life Ins. Co., 289 Mass. 573, 194 N.E. 664; Goldman v. Commercial Travellers Eastern Accident Association, 302 Mass. 74, 18 N.E.2d 373. In the absence of some provision designating its form, due proof may be submitted in any appropriate form, and, if furnished by one or more documents, they may be construed separately or collectively in determining whether the information required has been given. Fitchburg Savings Bank v. Massachusetts Bonding & Ins. Co. 274 Mass. 135, 174 N.E. 324, 74 A.L.R. 274; Belbas v. New York Life Ins. Co., 300 Mass. 471, 15 N.E.2d 806; Barnett v. John Hancock Mutual Life Ins. Co., 304 Mass. 564, 24 N.E.2d 662, 126 A.L.R. 608; John Hancock Mutual Life Ins. Co. v. De Costa, 3 Cir., 88 F.2d 479; Equitable Life Assurance Society v. Dorriety, 229 Ala. 352, 157 So. 59; Levine v. New York Life Ins. Co., 155 Misc. 806, 280 N.Y.S. 468. Under the form of this policy, mere notice of the death of the insured or that his death was accidental, without supplying the defendant with the data and particulars connected with the death, would not be sufficient. Rollins v. Boston Casualty Co., 299 Mass. 42, 11 N.E.2d 918; Hovhanesian v. New York Life Ins. Co., 310 Mass. 626, 39 N.E.2d 423, 138 A.L.R. 1369; O'Reilly v. Guardian Mutual Life Ins. Co., 60 N.Y. 169, 19 Am.Rep. 151. While the proofs are to be fairly and reasonably construed, they must in this respect be a substantial compliance with the terms of the policy. 'Due proof' means evidence proper in form and sufficient in character to indicate the truth of the facts stated, and to show that the event has happened upon which the defendant had promised to pay. The purpose of furnishing the defendant with due proof is to enable it to form an intelligent estimate as to whether the death came within the terms of the policy. Page v. Commercial Travellers' Eastern Accident Association, 225 Mass. 335, 114 N.E. 430; Larsen v. Metropolitan Life Ins. Co., 289 Mass. 573, 194 N.E. 664; Belbas v. New York Life Ins. Co., 300 Mass. 471, 15 N.E.2d 806; O'Neil v. Metropolitan Life Ins. Co., 300 Mass. 477, 15 N.E.2d 809; Hovhanesian v. New York Life Ins. Co., 310 Mass. 626, 39 N.E.2d 423, 138 A.L.R. 1369.