Mutual Savings Life Insurance Company v. Noah

282 So.2d 271 (1973)

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Nature of the Case

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Facts

P alleges in his bill of complaint that he is the named beneficiary in three policies of insurance issued by D. The life of William L. Noah, the brother of P, was insured under each of these policies. The insured died by drowning while the policies were in force. D refused to pay the amounts due under any of said policies (except that a partial payment was made on one of them). P seeks a decree construing the policies and declaring the rights of P and the obligations of D thereunder. P seeks a declaration that D is obligated to pay the death benefits and the balance of the burial benefits prescribed under one of the policies, plus the accidental death benefits provided in all three. D denies liability under the policies on the ground that P obtained the policies of insurance on his brother's life and that he had no insurable interest that would entitle him to recover, and also on the ground that the policies had lapsed for non-payment of premium. The trial court rendered a judgment in favor of P on all three policies in the total amount of $5,065.34, consisting of $5,000 under the life policies and $65.34 under the burial policy. D appealed.