Boyer v. Travelers Insurance Co.

[616]

THE COURT.

A hearing in this court was granted, after decision by the District Court of Appeal, in order that we might give further consideration to the question of whether the employee hereinafter mentioned was “actually at work”, within the meaning of that phrase as used in a policy of group insurance, on July 14, 1933, or the day on which he died.

After further and careful consideration, we are satisfied with the opinion rendered by the District Court of Appeal, speaking through Mr. Justice Spence, and we hereby adopt that opinion as the opinion of this court as follows:

“This action was brought to recover the sum of $4,000 alleged to have become due to plaintiff from defendant under a policy of group life insurance. Upon a trial by jury, plaintiff had judgment and defendant appeals.

‘ ‘ The main question raised upon this appeal is whether the insurance under the group policy had become effective upon the life of Mr. Boyer at the time of his death on July 14, 1933. His employer, Edmund Lowe Motors Company, had previously obtained the group policy from defendant. Mr. Boyer made written application for insurance thereunder on July 5, 1933. He had made no previous application. At that time, he had been an employee for more than one month and less than four months. Said policy provided ‘Each such Employee who fails to file written application for this insurance on or before the completion of one month of service, will be insured from the fourteenth day of the calendar month next following the date on which he files such application provided he does so on or before the completion of four months of service

and is actually at work on said day, or if not actually at work, from the date on ivhich he returns to work’.

(Italics ours.) It may be stated that employees applying for insurance after the completion of four months’ service were required to obtain the approval of the insurance company ‘upon the basis of a medical examination’.

“After making his written application for insurance on July 5, 1933, Mr. Boyer continued his work as a salesman for the next few days. When he awoke' on the morning of July 10, 1933, he was afflicted with a shortness of breath. A doctor was called and Mr. Boyer was rushed to a hospital