United States Life Insurance Company v. Wilson

198 Md.App. 452, 18 A.3d 110 (2011)

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United States Life Insurance Company v. Wilson

Maryland Court of Special Appeals
198 Md.App. 452, 18 A.3d 110 (2011)

  • Written by Rose VanHofwegen, JD
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Facts

Dr. John Griffith’s widow, Elizabeth Wilson (plaintiff) and United States Life Insurance Company (US Life) (defendant) disputed whether Griffith had paid his life-insurance premiums on time. Griffith purchased a 10-year term policy in 1998. When the policy was nearing expiration in 2007, Griffith started considering other carriers and missed the May 15 payment. US Life told Griffith he had a 30-day grace period, but Griffith missed it, and coverage lapsed. A reinstatement clause in Griffith’s policy provided that Griffith could reinstate the policy by paying all overdue premiums within 90 days of the first missed payment. On July 23, Griffith set up an e-check from his online bank account to pay the overdue premiums. The bank sent out a paper check two days later, on July 25. On July 28, Griffith was at the beach with his wife and children when a car hit him while he was on a bike ride. He died, age 44. US Life received Griffith’s check on July 30. Wilson submitted a claim, but US Life refused to pay, claiming that the policy was lapsed on the date of death. Wilson sued US Life, arguing the policy should have been reinstated when Griffith paid the back premiums. US Life countered that it had not received the e-check until July 30, three days after Griffith died, and could not reinstate a policy on a dead person. The trial court granted Wilson summary judgment. US Life appealed.

Rule of Law

Issue

Holding and Reasoning (Eyler, J.)

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