(DOWNLOAD) "Adelle R. Toevs v. Western Farm Bureau" by Supreme Court of Idaho No. 10511 # Book PDF Kindle ePub Free
eBook details
- Title: Adelle R. Toevs v. Western Farm Bureau
- Author : Supreme Court of Idaho No. 10511
- Release Date : January 06, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from a $50,000 judgment of the district court against a life insurance company by the widow of the insured
on the "double indemnity" clause of an insurance policy. There is no dispute as to whether the husband's death was accidental.
The principal issues, both at trial and on appeal, are: Whether a contract of life insurance was ever entered into by the
parties; and, whether the accidental death (double indemnity) provision of the policy became operative without (1) the insured's
having submitted himself to a medical examination; and (2) without the company ever having approved and accepted the application
for insurance. The trial court, sitting without a jury, awarded the widow $50,000 and the life insurance company has appealed
from the adverse judgment. The pertinent facts surrounding this appeal are as follows. On or about April 7, 1965, Walter J. Toevs and his wife Adelle
negotiated with Glen R. Cox, an agent for Western Farm Bureau Life Insurance Company, for a $25,000 double indemnity life
insurance policy on the life of Walter J. Toevs. Mrs. Toevs signed a document entitled "PART ONE APPLICATION TO THE WESTERN
FARM BUREAU LIFE INSURANCE COMPANY, DENVER, COLORADO" on April 7, 1964. After she signed the application, the insurance agent
gave Mrs. Toevs another document entitled "CONDITIONAL PREMIUM RECEIPT" which stated in essence that Glen R. Cox (the agent)
received $168.75 from Walter J. Toevs as a payment on the first premium of the insurance policy. The insured, Walter J. Toevs,
was required to submit to a medical examination because of the amount of the policy ($25,000 -- double indemnity). He attempted
to have one but the doctor was too busy to see him. The record indicates however that Toevs did have a medical examination
a little less than a year prior to April 7, 1964. Mrs. Toevs knew that her husband had to have a medical examination before
the "sickness" part of the policy became effective, but claims that she understood (from a conversation with the agent, Glen
R. Cox, held at the time the application was made) that her husband was covered against accidental death from the date on
which the application was filled out and the first premium was paid, viz., April 7, 1964.
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