186 So. 647 | Miss. | 1939
Appellant brought this action against appellee in the Circuit Court of Hinds County on a life insurance policy held by her husband, George D. Vance, in appellee Company, in which she was named as beneficiary, to recover the face value of the policy, $2,500, with interest thereon. Appellant's demurrer to appellee's special plea was overruled and, appellant declining to reply thereto, final judgment was entered dismissing the cause.
The insurance policy was issued to appellant's husband on January 12, 1934. It had a face value of $2,500. Appellant was named as beneficiary therein. On December 2, 1935, while the insurance policy was in force, the insured committed suicide. The policy is made an exhibit to the declaration. With its special plea appellee tendered and paid into Court the premiums said on the policy, with interest thereon, amounting to $86.64. Appellee's defense was based on the suicide provision in the policy, *608 while appellant's was based on the incontestability clause. Those two provisions of the policy follow in the order therein set out:
"Incontestability. This Policy shall be incontestable after it shall have been in force during the lifetime of the Insured for two years from its date of issue, except for nonpayment of premiums and except for violation of the conditions of the Policy relating to military and navel services in time of War. But where the Statute of the State in which this Policy is written contains a different provision on this subject than the above, the language of such Statute shall be substituted for this clause.
"Suicide. If within two years from the date of issue of this Policy the Insured shall, whether sane or insane, die by his own hand, the liability of the Company shall be limited to the amount of the premiums paid hereon."
Appellant's position is that the incontestability provision of the policy should be read into the suicide provision, and, construing the two together, the appellee was barred from the suicide defense after the expiration of two years from the issuance of the policy, the suit having been brought more than two years thereafter. We are of opinion that the contention is without merit on two grounds: (1) That the incontestability provision has no application because the policy was not in force for two years during the lifetime of the insured. (2) That the suicide provision is independent of the incontestability provision and is a complete defense where the suicide takes place within two years from the issuance of the policy, as was the case here. We will consider those propositions in the order stated.
Although Cotton States Life Ins. Co. v. Cunningham,
To the same effect are Greenbaum v. Columbian Nat. Life Ins. Co., 2 Cir., 62 F.2d 56; Chicago National Life Ins. Co. v. Carbaugh,
And that is true of the suicide provision in the policy. It simply means what it says, namely, suicide within two years from the issuance of the policy is a complete defense. The fact that suit is not brought until after the expiration of two years from the date of the policy has nothing to do with the question. Messina et al. v. New York Life Ins. Co.,
To the same effect are the following: New York Life Ins. Co. v. Reedy,
Mutual Life Ins. Co. v. Hurni Packing Co.,
Affirmed. *611