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Sullivan v. Estate of Eason, 558 So.2d 830

Facts

J.C. and Gladys Eason had five children, including Barbara Sullivan and Shirley Shone. After the parents died intestate, Barbara and her husband procured hazard insurance on the family home. The policy named only Barbara and Carl Sullivan as insureds. When the home was destroyed by fire, the insurance company issued a check payable to all heirs. Shirley, as administratrix, sought to close the estates, but Barbara and Carl objected, claiming entitlement to the proceeds as the named insureds. The trial court ruled that the insurance was for the benefit of all co-tenants.

Barbara Sullivan, who inherited a one-fifth interest in the realty, and her husband, Carl Sullivan, procured hazard insurance on her parents' home and contents for the full value.

Issue

Did the lower court manifestly err by considering the parol evidence rule as a rule of evidence rather than as a substantive rule of law?

DID THE LOWER COURT MANIFESTLY ERR BY CONSIDERING THE PAROL EVIDENCE RULE AS A RULE OF EVIDENCE RATHER THAN AS A SUBSTANTIVE RULE OF LAW?

Rule

The parol evidence rule applies only to controversies between parties to the agreement, and evidence can be admitted to determine the intent behind the insurance policy.

The parol evidence rule provides that 'when the language of a contract is clear and unambiguous, parol testimony is inadmissible to contradict the written language.'

Analysis

The court applied the rule by examining the evidence presented, which indicated that Barbara Sullivan had insured the property for its full value and had led the other heirs to believe that the insurance was for their benefit. The chancellor found that the insurance was procured with the intent to benefit all co-tenants, despite the policy naming only Barbara and Carl as insureds. The court concluded that the evidence supported this finding.

The chancellor based his finding upon the fact (1) that Barbara Sullivan insured the property for its full value, (2) that she held funds that belonged to the estate from a telephone refund check, and (3) that the other heirs were led to believe that the home was insured, even though they might not have been told that the insurance was for the benefit of all the heirs.

Conclusion

The Supreme Court affirmed the trial court's decision, holding that the insurance proceeds should be shared among all co-tenants.

For the foregoing reasons, it is the holding of this Court that the decision of the trial court should be affirmed in all respects.

Who won?

Shirley Shone (appellee) prevailed because the court found that the insurance was intended for the benefit of all co-tenants, not just the named insureds.

The chancellor held that the insurance purchased was for the benefits of all co-tenants.

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