Rogers v. American National Insurance
Supreme Court of Georgia
Action upon insurance policy. Before Judge Charlton. Chat-ham superior court. April 29, 1915. Elizabeth Rogers, as beneficiary under an accident-insurance policy, instituted an action against the American National Insurance Company of Galveston, Texas. The defendant filed a demurrer to the petition, upon general and special grounds; some of which grounds were sustained and others overruled.
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Action upon insurance policy. Before Judge Charlton. Chat-ham superior court. April 29, 1915. Elizabeth Rogers, as beneficiary under an accident-insurance policy, instituted an action against the American National Insurance Company of Galveston, Texas. The defendant filed a demurrer to the petition, upon general and special grounds; some of which grounds were sustained and others overruled. The plaintiff amended to meet those grounds of demurrer which were sustained; and the defendant renewed its demurrer to the petition as amended, which demurrer was overruled. The case proceeded to trial,…
1Opinion of the CourtAtkinson, J.
1. This was an action against an insurance company, instituted by a beneficiary named in the policy of insurance, to recover an indemnity on account of the death of the insured, her husband, caused by accidental means against which the policy purported tó insure. The petition set forth a copy of the policy of insurance, and alleged in general terms that the policy had been duly issued and assented to by the company and delivered by it to the insured, and that all the payments required thereunder had been duly made and the policy accepted by the insured. The policy was dated February 13, 1913,…
2Cases cited5 opinions
- Badger v. American Popular Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Terry v. Provident Fund SocietyIndiana Court of Appeals · 1895
- Jurgens v. New York Life InsuranceCalifornia Supreme Court · 1896
- Myers v. Keystone Mutual Life InsuranceSupreme Court of Pennsylvania · 1856
- Prall v. Mutual Protection Life Assurance SocietyNew York Court of Common Pleas · 1874
3Cited by10 opinions
- United States Fidelity & Guaranty Co. v. CorbettCourt of Appeals of Georgia · 1926
- American Home Mutual Life Insurance v. HarveyCourt of Appeals of Georgia · 1959
- CIMARRON INSURANCE CO., INC. v. PaceSupreme Court of Georgia · 1956
- Millers National Insurance v. WatersCourt of Appeals of Georgia · 1958
- Barnum v. Sentry InsuranceCourt of Appeals of Georgia · 1981
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