Mutual Life Ins. Co. of New York v. Lovejoy
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, administrator of ■ W. C. Lovejoy, deceased, against the Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, administrator of ■ W. C. Lovejoy, deceased, against the Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals. On the 2d day of March, 1912, the Mutual Life Insurance Company .of New York issued a policy of insurance on the life of W. C. Lovejoy, in which there were the following provisions: “The mutual Life Insurance Company of New York, in consideration of the annual premium ,of $93.90, the receipt of which is hereby acknowledged, and of the payment of a like amount…
1Opinion
On Application for Rehearing.
MAYFIELD, J.
[4] On this application for a rehearing the majority, consisting of McClellan, sayre, and thomas, jj., and the writer, have reached the conclusion that we were in error on the original hearing, in so far as we held that the “incontestable clause” in the insurance contract or policy sued on did not estop or preclude the defendant insurance company from setting up, as a defense to this action on the policy, that the insured committed suicide or took his own life while sane. This clause reads as follows:
“This policy shall be incontestable, except for…
2Cases cited13 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
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