Arvilla L. Lewis v. Continental Life and Book Reviews

Arvilla L. Lewis v. Continental Life and by Supreme Court of Idaho No. 10229 Book Summary

The appellant, Arvilla L. Lewis, commenced this action against the defendant-respondent, Continental Life and Accident Co.,
on April 7, 1967. She claimed that $2,000 was owed to her, as the beneficiary of her husband Edward R. Lewis, under respondent's
group policy number GE-223, issued to Bannock County, her husband's last employer. The insurance company denied liability.
A variety of affidavits, exhibits, admissions and interrogatories were offered by both sides, and both parties moved for summary
judgment. The district court found that Lewis had failed to make periodic proofs of disability which were found to be required
by the "plain terms of the policy," and granted the insurance company's motion for summary judgment while denying that of
the widow. The appellant appeals from that determination. There is no substantial controversy over the circumstances which produced this litigation. Edward R. Lewis was an employee
of Bannock County, Idaho, and, as such, he was covered from June, 1955 to November, 1961, by a group life insurance policy
issued to Bannock County by the Aetna Insurance Company. Mr. Lewis suffered from emphysema, a chronic and debilitating lung
condition, which became so severe that he had to take a leave of absence in 1958. The disease never relinquished its hold
on him, and he remained unable to return to work until his death in August, 1966. According to an Aetna Insurance Company
handbook Lewis remained covered even though not working, in the amount of $2,000, under this policy until 1961, when the county
changed insurers to the defendant corporation.

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