VALLEY FORGE LIFE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, PETITIONER,
v.
LULA LAWRENCE, AS ADMINISTRATRIX OF THE ESTATE OF BOBBY SIMON, A/K/A LINTON TERRELL, DECEASED, RESPONDENT
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Valley Forge Life Insurance Company sought to void a life insurance policy on the ground of public policy because the insured was killed while committing armed robbery. The Florida Supreme Court held that public policy does not prevent recovery, and affirmed the judgment in favor of the administratrix of the deceased's estate.
Public policy does not deprive the administratrix of the right to recover on the life insurance policy. The court affirmed the summary judgment in favor of the administratrix, holding that no violation of public policy is involved in allowing recovery.
“In the first place the petitioner could have placed an exclusionary clause in the insurance contract, but did not. In the second place, we fail to see how the voidance of the policy would be a deterrent to crime.”
The court's reasoning that the insurer could have protected itself contractually and that voiding the policy would not serve a deterrent purpose.
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Join FLexlaw to unlock all legal intelligenceThe deceased was a participant in a group life insurance policy and had signed it, but no beneficiary was designated. The insurance contract contained…
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This cause is being heard on petition for certiorari under Appellate Rule 4.5, subd. c (6), 31 F.S.A. and based on a certificate of the District Court of Appeal, Third District, that that court had passed upon “a question of great public interest,” id est, by refusing to invalidate, on the ground of public policy, a life insurance policy though the insured was killed by a person upon whom the insured was perpetrating a violent felony, namely, armed robbery.
The District Court of Appeal recited in its opinion that although the deceased was a participant in a group policy, and signed the policy, no beneficiary was designated and, furthermore the insurance contract contained no provision excluding coverage for death occurring during the commission of a felony.
The administratrix brought suit against the insurance company, petitioner here, and was awarded a summary judgment. Embedded in the affirmance of that judgment was the question now certified to this court.
We adhere to the conclusion of the District Court of Appeal that public policy does not deprive the administratrix of the right of recovery. In the first place the petitioner could have placed an exclusionary clause in the insurance contract, but did not. In the second place, we fail to see how the voidance of the policy would be a deterrent to crime. Certainly there would be no pénalty to the policy holder for he is now dead. The penalty of voiding the policy would fall upon dependents and creditors who, so far as this court knows, were innocent of any participation in the robbery the insured attempted to perpetrate. Moreover, there is no showing in the record that the insurance was obtained in contemplation of commission of crime. Home State Life Insurance Co. v. Russell, 175 Okl. 492, 53 P.2d 562 (1936). See also the cases collected in 23 A.L.R.2d at page 1105i
The petitioner found comfort in Afro-American Life Insurance Co. v. Jones, 113 Fla. 158, 151 So. 405 (1933), in which there is present language that would appear to support its position. However, petitioner, itself, in its brief, denominates as obiter dicta the language in that opinion which is somewhat relevant to the present issue.
So choose as we must between the two theories expounded by the litigants, we take the view that the respondent should prevail; that no violation of public policy is involved; that the judgment of the trial court and the decision of the District Court of Appeal should not be disturbed.
ROBERTS, DREW, THORNAL and BARNS (Retired), JJ., concur.
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Ward v. Nationwide Mut. Fire Ins. Co., 364 So. 2d 73 (Fla. 2d DCA 1978)…ith the strong modern trend to find no public policy reasons for denying recovery of insurance proceeds even where death or injury of the insured is the consequence of the violation of a criminal law. Valley Forge Life Insurance Company v. Lawrence, 201 So. 2d 449 (Fla.1967); annot., 43 A.L.R.3d 1120 (1972). It has been held that medical payments coverage cannot be avoided simply because an injured party suffered that injury as a consequence of the commission of a criminal act. Davis v. Detroit Automobile Int…
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THE Florida BAR v. Fath, 368 So. 2d 357 (Fla. 1979)…e proved by clear and convincing evidence and, therefore, we approve the findings and recommendations of the referee. See Florida Bar v. Blaha, 366 So. 2d 433 at 438 (Fla.1978); Florida Bar v. Timson, 257 So. 2d 44 (Fla.1971); Florida Bar v. Taylor, 201 So. 2d 449 (Fla.1967). Accordingly, respondent, Ronald J. Fath, is hereby suspended from the practice of law for a period of three months, with automatic reinstatement at the end of this period. However, such automatic reinstatement is conditioned upon paymen…
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THE Florida BAR v. Blaha, 366 So. 2d 433 (Fla. 1978)…ons of the complaint and each count thereof to be proved by clear and convincing evidence and, therefore, we approve the findings and recommendations of the referee. See The Florida Bar v. Timson, 257 So. 2d 44 (Fla.1971); The Florida Bar v. Taylor, 201 So. 2d 449 (Fla.1967). Accordingly, respondent, George J. Blaha, is disbarred from the practice of law in Florida. The disbarment shall be effective January 22,1979, thereby giving respondent time to close out his practice and take the necessary steps to prot…
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- Afro-American Life Ins. Co. v. Jones, 113 Fla. 158 (Fla. 1933)