Georgia Court Of Appeals, (March 13, 1990)
Docket number: A89A2069
DECIDED
COOPER, Judge. - DECIDED
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Judgment reversed. Carley, C. J., and Deen, P. J., concur. Birdsong, J., disqualified.
Alston & Bird, Jay D. Bennett, Walter G. Elliott II, for appellants.
Andreas and Margaret Anne Gruentzig died simultaneously in a plane crash in which Dr. Gruentzig was the pilot and Mrs. Gruentzig was a passenger. While both decedents were insured under an accidental death insurance policy obtained by the Emory University Clinic in which Dr. Gruentzig was a partner, death benefits were paid only for Mrs. Gruentzig since the policy excluded coverage for death while piloting an airplane. Her failure, however, to designate a beneficiary triggered the payment of claims provision which dictated that payment be made to the "estate of the insured person." When the estates of both decedents sought the benefits due on account of Mrs. Gruentzig's death, the insurance company filed an interpleader and tendered the insurance policy proceeds into the court registry. This appeal follows the trial court's construction of the policy's payment of claims provision, with the resulting holding that both estates were to share equally in the proceeds of the policy.Appellants, the co-administrators of Mrs. Gruentzig's estate, contend that the trial court erred in ruling that the proceeds payable on the death of Mrs. Gruentzig should be paid equally to the estate of two of the many "insured persons" under the policy rather than payable entirely to the estate of the "insured person" whose death triggered the insurance company's payment obligation. While we do not necessarily adopt appellants' interpretation of the trial court's ruling, we do agree that the court erred in its ruling on the parties' cross motions for summary judgment. The question before us is purely the proper construction of the phrase, "estate of the insured person," used in the payment of claims provision of the policy."[A] contract of insurance should follow the cardinal rule of construction so as to carry out the true intention of the parties, and their rights are to be determined by the terms of the contract. Its language should receive a reasonable construction and not be extended beyond what is fairly within its plain terms. Where the language . . . is unambiguous, as here, and but one reasonable construction is possible, . . . [cit.] [i]t is the function of an appellate court to construe the contract as written. . . . [Cit.]" Fidelity &c. Co. of Md. v. Sun Life Ins. Co.,Try vLex for FREE for 3 days
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