Aetna Life Insurance v. Prater's Administratrix

Aetna Life Insurance Co. of Hartford, Conn. v. Prater's Administratrix.

Aetna Life Ins. v. Prater's Administratrix, 83 S.W.2d 17 (Ky. Ct. App. 1935)

Court: Court of Appeals of Kentucky (pre-1976) · State Highest Courts
Decided: May 28, 1935
Judges: Stanley
Citations: 83 S.W.2d 17259 Ky. 6651935 Ky. LEXIS 365

Cited by 5

Opinion of the Court — Stanley

Opinion of the Court by Stanley, Commissioner Reversing.

Wilbur Prater was insured by a group policy issued by the appellant to the employees of the Northwest Coal Company. On July 31, 1931, he, among many others, was laid off from work indefinitely in a general reduction of forces. His insurance was thereupon automatically canceled unless it should have developed that the layoff was temporary. Prater died August 11, 1932, of ulcer of the stomach. Several months later the insurance company was notified of his death and an informal request was made for payment of the indemnity for total and permanent disability under the terms of the canceled policy or certificate. On December 20, 1933, suit was filed by ‘ ‘ Mahala Prater, Widow” to recover this indemnity as beneficiary. Later she qualified as administratrix and came in by amended petition as such fiduciary.

*666 The widow was permitted to testify on interrogation by her counsel and also by the court concerning her deceased husband’s physical condition during the period antedating his discharge, and as to other things, in clear violation of section 606 of the Civil Code of Practice, excluding testimony of a wife and also testimony of a beneficial party concerning transactions with a decedent. Prudential Insurance Co. v. Hodge’s Adm’r, 232 Ky. 44 , 22 S. W. (2d) 435 ; Lawson’s Adm’r v. Brandenburg, 240 Ky. 68 , 41 S. W. (2d) 201 ; Prudential Ins. Co. v. Broughton, 253 Ky. 83 , 68 S. W. (2d) 782 ; Farmers’ Exchange Bank v. Moffett, 256 Ky. 160 , 75 S. W. (2d) 1063 .

The widow as well as other laymen expressed opinions as to the insured’s disability to labor and the state of his health. It has often been ruled that the admission of such character of evidence 'is confined to professional witnesses or experts. Equitable Life Assur. Soc. v. Fannin, 245 Ky. 474 , 53 S. W. (2d) 703 ; Ætna Life Ins. Co. v. Wyant, 249 Ky. 562 , 61 S. W. (2d) 50 ; Equitable Life Assur. Society v. Arrowood, 253 Ky. 456 , 69 S. W. (2d) 984 ; Ætna Life Ins. Co. v. Gullett, 253 Ky. 544 , 69 S. W. (2d) 1068 .

With the incompetent evidence eliminated it is doubtful if there was sufficient evidence to take the case to the jury. But we refrain from passing upon that point, inasmuch as there will likely be another trial.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

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Relies on it most ⓘ

Prudential Ins. Co. of America v. Pierce's Adm'x109 S.W.2d 616 (Ky. Ct. App. 1937)
Jefferson Standard Life Ins. Co. v. Pierce95 S.W.2d 579 (Ky. Ct. App. 1936)
National Life & Accident Ins. Co. v. Scott240 S.W.2d 849 (Ky. Ct. App. 1951)
Minnesota Life Ins. Co. v. Vire94 S.W.2d 667 (Ky. Ct. App. 1936)
Louisville Ry. Co. v. Allen246 S.W.2d 443 (Ky. Ct. App. 1951)

Most recent

Louisville Ry. Co. v. Allen246 S.W.2d 443 (Ky. Ct. App. 1951)
National Life & Accident Ins. Co. v. Scott240 S.W.2d 849 (Ky. Ct. App. 1951)
Prudential Ins. Co. of America v. Pierce's Adm'x109 S.W.2d 616 (Ky. Ct. App. 1937)
Minnesota Life Ins. Co. v. Vire94 S.W.2d 667 (Ky. Ct. App. 1936)
Jefferson Standard Life Ins. Co. v. Pierce95 S.W.2d 579 (Ky. Ct. App. 1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Equitable Life Assur. Soc. of United States v. Fannin, 53 S.W.2d 703 (Ky. Ct. App. 1932)	32
	Aetna Life Ins. Co of Hartford v. Gullett, 69 S.W.2d 1068 (Ky. Ct. App. 1934)	18
	Prudential Ins. Co. of Am. v. Hodge's Administratrix, 22 S.W.2d 435 (Ky. Ct. App. 1929)	17
	Aetna Life Ins. v. Wyant, 61 S.W.2d 50 (Ky. Ct. App. 1933)	12
	Lawson's Adm'r v. Brandenburg, 41 S.W.2d 201 (Ky. Ct. App. 1931)	8
	Equitable Life Assurance Soc'y of the United States v. Arrowood, 69 S.W.2d 984 (Ky. Ct. App. 1934)	7
	Farmers' Exch. Bank of Millersburg v. Moffett, 75 S.W.2d 1063 (Ky. Ct. App. 1934)	5
	Prudential Ins. Co. of Am. v. Broughton, 68 S.W.2d 782 (Ky. Ct. App. 1934)	2

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