In the absence of fraud or overreaching, the clear language of the policy governs the rights of the parties. In an action by appellant to recover on a certificate of group insurance insuring her daughter while employed by the Union Carbide Carbon Company providing that the insurance should cease on termination of the employment, it is unimportant whether the employment of the insured was discontinued because of her physical condition or because of a reduction in the number of employees. On appeal from an order directing a verdict, the evidence will be viewed in the light most favorable to appellant. "If death occur while the Employee is in the employ of the Employer and while said Group Life Policy is in force, the amount of insurance, if any, then in force thereunder on said Employee, shall be paid to Mary V.That the master group policy on which the insured's certificate was issued provided that the employer should remit to the insurance company at intervals of six months the premiums withheld from the wages of the employees will not extend the insurance beyond the date of the termination of the employment of the insured. Although the group policy provided that on termination of the employment of the employee she should have the right to convert the insurance into another policy of any form customarily issued by appellee, there is no testimony to show that the insured ever converted her group policy into any other form of insurance. A letter written by the employer dated November 23, 1943, which was subsequent to the termination of the employment of the insured stating that her insurance in the group policy issued by appellee had, on October 1, 1943, been increased to $2,500 was no evidence that the coverage of the group policy was intended past the date of the termination of her employment on October 30, 1943. Although the certificate sued on provided that in case of termination of employment the employee shall be entitled to have issued to him by the company upon application made to the company within 31 days after such termination a policy of life insurance in any one of the forms customarily issued by the company, there is no evidence that the insured ever made application for further insurance under that provision.
Where the insured's employment was terminated on October 30, 1943, it cannot be said that she was in the employ of her former employer on March 3, 1944, the date of her death and appellee cannot be held liable on the certificate sued on. On appeal from an order directing a verdict, the evidence will be viewed in the light most favorable to appellant.
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