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PENN MUTUAL LIFE INSURANCE COMPANY v. MILTON

Supreme Court of Georgia1925-03-12No. No. 4659
160 Ga. 168

Summary

Holding. A total disability lasting sixteen months qualifies as a 'permanent disability' within the meaning of the policy provisions, and the first and second questions posed by the Court of Appeals are answered in the affirmative.

Penn Mutual Life Insurance Company challenged whether a policyholder's sixteen-month disability could qualify as 'permanent disability' under the policy's terms. The policy required the insured to prove total disability lasting at least sixty days continuously before that point, after which the insurer would waive future premiums and pay fifty dollars monthly during the continuance of disability. The insured recovered from the disability after sixteen months and sought benefits under these provisions.

The court held that 'permanent' does not necessarily mean lasting forever, but rather must be interpreted according to the context and subject matter of the insurance contract. By examining the policy language—particularly the sixty-day waiting period requirement and provisions allowing for the cessation of benefits if disability ended—the court concluded the insurer contemplated that disabilities might terminate. The reference to premium waivers and monthly payments 'during the continuance' of disability implied the insurer expected disabilities could end before the insured's death, meaning a sixteen-month disability could constitute a permanent disability under the policy.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Meaning of 'permanent disability' in disability insurance policies
  • Whether disability must last a lifetime to be considered permanent
  • Interpretation of policy language requiring sixty-day proof period
  • Implications of waiver and payment continuation clauses on permanence

Procedural posture

The Court of Appeals certified questions regarding the construction of disability provisions in a life insurance policy to this court for guidance.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Hines, J.

The questions propounded by the Court of Appeals involve the construction of certain provisions in a policy of life insurance. One of these provisions is as follows: “If . . the insured shall furnish to the Company due proof that . . he has become wholly disabled by. bodily disease, so that he is and thereby will be permanently and continuously unable to engage in any occupation whatever for remuneration or profit, and that such disability has existed continuously for not less than sixty days prior to the furnishing of proof, thereupon the Company will grant the following benefits.” Another of these provisions is as follows: “The company by endorsement hereon shall waive the payment of premiums which thereafter may become due under this policy during the continuance of the said total disability of the insured.” Another is as follows: “Furthermore, the company will pay to the insured each month fifty dollars, . . the first monthly payment to be made six months after receipt of due proof of the said total disability, . . and subsequent payments monthly thereafter during the continuance of said total disability of the insured and prior to the maturity of this policy.” The question is this: “Could a disability which had lasted for only sixteen months and from which the insured then recovered be a ‘permanent disability’ within the meaning of these clauses of the policy ?” This court has adopted certain rules for its guidance in the construction of policies of insurance. If such a- policy is capable of two constructions, that interpretation must be placed upon it which is most favorable to the insured. Massachusetts &c. Asso. v. Robinson, 104 Ga. 256 (30 S. E. 918, 42 L. R. A. 261). Policies of insurance will be liberally construed in favor of the object to be accomplished, and provisions therein will be strictly construed against the insurer, as they are issued upon printed forms prepared by experts at the instance of the insurer, in the preparation of which the insured has no voice. Johnson v. Mutual Life Ins. Co., 154 Ga. 653 (115 S. E. 14).

With these legal signposts for our guidance, what is the proper construction of the above provision of this policy? Does the language, “permanently- and continuously,” mean that the total disability must last forever before the insured will be entitled to the benefits provided in the policy? Permanent is the antithesis of temporary. The word “permanent” does not always mean forever or lasting forever. The meaning of that word is to be construed according to its nature and in its relation to the subject-matter of the contract. Mead v. Ballard, 7 Wall. 290 (19 L. ed. 190); Texas & Pacific Ry. Co. v. Marshall, 136 U. S. 393 (supra). The words, “permanently and continuously,” standing alone, would mean that the total disability must be a lasting one; but when these words are taken in connection with other language used in the several provisions of this policy set out above, the fair construction of these words is, not that the total disability shall last or exist forever, but that a disability which existed continuously for no less than sixty days prior to the furnishing of proof is, within the meaning of the policy, a permanent disability. The first provision quoted expressly provides that where “such disability has existed continuously for not less than sixty days prior to the furnishing of proof, thereupon the company will grant” to the insured the benefits provided for in the policy. So it seems to us that the evident purpose of the provision is that a total disability existing for a period not less than sixty days prior to the furnishing of proof thereof is to be considered a permanent disability. The other language used in these provisions strengthens this view and construction. Upon proof being furnished of such disability, “the company by endorsement . . shall waive the payment of the premiums which thereafter may become dueunder this policy during the continuance of the said total disability of the insured.” This provision carries an implication that the insurer contemplated that the disability might terminate, in which event the waiver of the payment of premiums would come to an end, and the insured would have to begin to pay premiums again. It contemplates that the disability, proof of which would entitle the insured to the benefits provided, might not last forever, but might end, and that after the cessation of the total disability the benefits would cease. The monthly payments of $50 would be made “during the continuance of said total disability of the insured and prior to the maturity of this policy.” This language clearly indicates that the insurer meant that the total disability, on proof of which it would grant the benefits named, was not one which might last, during the entire life of the insured, but one which might end prior to his death. So we are of the opinion that under the terms of this policy a total disability which lasted for sixteen months was a permanent disability in the meaning of the above provisions of this policy. In Hipp v. Fidelity &c. Ins. Co., 128 Ga. 491 (supra), the policy provided that after the insured became totally and permanently incapacitated, he would be entitled to either one of two options, and there was no language used in the policy which indicated that the permanent incapacity might be less than a lasting one. On the contrary, Judge Lumpkin, in the opinion, declared that there was language which negatived any such idea. Besides, the point actually decided in that case is found in the eighth headnote, which does not deal with the question which we now have under consideration. In Wright v. Fuller, 148 Ga, 223 (supra), the question with which we are now dealing was not raised.

So we are of the opinion that the first and second questions propounded by the Court of Appeals should be answered in the affirmative. This renders an answer to the third question unnecessary.

All the Justices concur.