Pierce Butler

“ Petitioner and other insured employees were not parties to, nor did they have any voice in, the negotiation or consummation of the contract. The terms of the policy were settled by the oil corporation and respondent. Eligible employees were given opportunity upon specified conditions to have insurance by giving payroll deduction orders approved by their employer. The policy did not of itself insure petitioner or any other person. It merely made available specified insurance to certain employees. For the payment of premiums the insurer looked only to the corporation. ”

“ An employee may elect insurance under the policy by completing any form of pay roll deduction order approved by the employer. Each employee electing the insurance before becoming eligible will be insured automatically on the day he becomes eligible. On the effective date of the policy and on each annual renewal date an average annual premium rate will be established. The employer shall give the insurer notice of terminations of insurance and additions of employees becoming eligible. ”

“ Petitioner cites articles 5054 and 5056, Revised Civil Statutes, as opposed to the lower court's ruling: 'If employes in Texas desire to join in an insurance plan about to be set up or already in operation in Pennsylvania, and either in person or through their employer take steps in Pennsylvania to do so, the laws of Texas do not control it.' Article 5054 applies only to contracts of insurance made by an insurance company doing business in Texas. ”

“ The suit was to recover for permanent total disability under a policy of group insurance issued in Pennsylvania by respondent to the Gulf Oil Corporation. It covers employees of that corporation and its subsidiaries of which the Gulf Refining Company is one. Petitioner, an employee of that company, by that policy was insured in respect of life and disability. ”

“ Equitable Life Assur. Soc. of U.S. v. Austin, 255 Ky. 23, 26, 72 S.W. (2d) 716; Seavers v. Metropolitan Life Ins. Co., 132 Misc. 719, 722, 230 N.Y.S. 366; Thull v. Equitable Life Assurance Society, 40 Ohio App. 486, 488, 178 N.E. 850; Metropolitan Life Ins. Co. ”