THE INDEPENDENT LIFE AND ACCIDENT INSURANCE COMPANY OF FLORIDA, APPELLANT,
v.
RUBY RODDAM, APPELLEE
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An insurance company appealed a judgment in favor of a beneficiary who sued to recover on a life insurance policy. The Florida Supreme Court reversed, holding that the insured was not in sound health when the policy was issued, thereby preventing the policy from taking effect under its express terms.
The policy did not become effective because the uncontradicted medical testimony established that the insured was not in sound health when the policy was issued. The beneficiary is entitled only to return of the premiums paid, not recovery under the policy.
“This policy shall take effect only on the date entered in the schedule of benefits * * * and if the insured is then alive and in sound health.”
The express language of the policy condition that triggered the court's analysis of when the policy becomes effective.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sought to recover as beneficiary of a life insurance policy on her sister's life. The policy contained a clause requiring the insured to…
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ROBERTS, Justice.
The plaintiff brought suit in the court below to recover as the beneficiary of a life insurance policy on the life of her sister. The company denied liability on the ground, among others, that the insured was not in sound health at the time the policy was issued. The jury found in favor of plaintiff, judgment was entered, and defendant insurance company has appealed.
The policy contained the following clause: “This policy shall take effect only on the date entered in the schedule of benefits * * * and if the insured is then alive and in sound health.” The defendant contends on this appeal that the uncon-tradicted evidence shows that the insured was not in sound health at that time, and that the judgment should be reversed under the authority of Gulf Life Insurance Co. v. Green, Fla., 80 So. 2d 321, 322. This contention must be sustained.
The only medical testimony introduced was that of the insured’s physician, Dr. John D. Pitchford. Dr. Pitchford testified that he had been treating the insured for approximately one year prior to the issuance of the policy, and that she was brought to the hospital, unconscious, approximately one week before the policy was issued and was still there at the time it was issued. She died five months later from cancer of the brain.' His testimony concerning her symptoms and subsequent treatment need not be related.
In Gulf Life Insurance Co. v. Green, supra, we were concerned with an identical provision in a life insurance policy where it was conceded that the insured was not in sound health at the time the policy was issued. We said, quoting Gulf Life Ins. Co. v. Ellis, 145 Fla. 262, 198 So. 836: “ ‘It is certainly not an unreasonable requirement that the insured be alive and in good health on the date of the delivery of the policy.’ Because it is undisputed that the insured was not in sound health at the time of delivery of the policy, its terms did not become effective. * * * The extent of the liability of the Insurance Company under such circumstances is the return of the premiums paid.”
We find nothing in the evidence from which the jury could possibly have inferred that the insured was in sound health at the time of the issuance of the policy, in the face of the positive uncon-tradicted testimony of her physician; and the fact that the plaintiff might not have known of her sister’s illness cannot charge the insurance company with liability on the policy, in view of the provision as to sound health, quoted above. All she is entitled to is the return of the premiums paid. Gulf Life Insurance Co. v. Green, supra.
Accordingly, the judgment, appealed from should be and it is hereby
Reversed.
DREW, C. J., and TERRELL and SE-BRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Mathews v. Metro. Life Ins. Co., 89 So. 2d 641 (Fla. 1956)…lly been paid to and accepted by the Company during the lifetime and continued insurability of the applicant ■* * * ” (emphasis added), and relies on the decisions of this court in Independent Life & Accident Ins. Co. of Florida v. Roddam, Fla.1955, 81 So. 2d 221, and Gulf Life Ins. Co. v. Green, Fla. 1955, 80 So. 2d 321, in support of its contention. But in both the Roddam and Green cases the insurance was issued upon the application of one other than the insured and without a medical examination of the in…
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Griffin v. Griffin, 752 So. 2d 621 (Fla. 2d DCA 1999)…So. 2d 321, 322 (Fla.1955) (holding that “[bjecause it is undisputed that the insured was not in sound health at the time of delivery of the policy, its terms did not become effective.”); see also Independent Life & Acc. Ins. Co. of Fla. v. Roddam, 81 So. 2d 221, 222 (Fla.1955). Generally, however, this provision comes into play to protect the insurer when the insured’s health has been correctly represented in the application but some change in his health occurs before the policy is delivered. See 1 Lee R.…
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Wolk v. Lamar Life Ins. Co., 202 So. 2d 617 (Fla. 3d DCA 1967)…absence of waiver or estoppel, must be satisfied before the policy of insurance can become effective. Similar clauses have been held to be reasonable and valid in Florida. Independent Life and Accident Insurance Company of Fla. v. Roddam, Fla.1955, 81 So. 2d 221; Gulf Life Insurance Company v. Green, Fla.1955, 80 So. 2d 321; American Southern Life Insurance Company v. Hardy, Fla.App.1967, 202 So. 2d 98, opinion filed August 14, 1967. The evidence is uncontradicted that, at the time the policy was issued, Dr…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gulf Life Ins. Co. v. Corine Green, 80 So. 2d 321 (Fla. 1955)
- Gulf Life Ins. Co. v. Grover C. Ellis, 145 Fla. 262 (Fla. 1940)