Massachusetts Mut. L. Ins. v. Crenshaw
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Action by Berdie M. Crenshaw against the Massachusetts Mutual Life Insurance Company. Judgment for plaintiff, and defendant appeals. The complaint ivas in Code form for action on an insurance policy.
Read the full summary
Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Action by Berdie M. Crenshaw against the Massachusetts Mutual Life Insurance Company. Judgment for plaintiff, and defendant appeals. The complaint ivas in Code form for action on an insurance policy. The following are the pleas reférred to: (E) Prior to the issue of the policies sued upon herein, insured applied in writing to this defendant, and which application was made on December 17, 1911, duly subscribed by the insured for the issue to him of the policies sued on. That the questions propounded to the insured and his…
1Opinion of the Court
McCLELLAN, J. —
Action, by appellee against appellant, upon two life insurance policies, issued upon the life of John W. Crenshaw, in which the appellee was *465the beneficiary. The policies are identical except in respect of the sum assured and the amount of the premium exacted therefor.
The following clause appears in the policies sued on: “This policy and the application herefor constitute the entire contract between the parties. All statements made by the applicant shall, in the absence of fraud, be deemed representations and not warranties, and no such statement shall be used in defense to a…
2Cases cited1 opinion
- Powell v. Prudential Insurance Co. of AmericaSupreme Court of Alabama · 1907
3Cited by14 opinions
- Life Ins. Co. of Virginia v. NewellSupreme Court of Alabama · 1931
- Massachusetts Mut. L. I. Co. v. CrenshawSupreme Court of Alabama · 1915
- Sovereign Camp. W. O. W. v. HutchinsonSupreme Court of Alabama · 1926
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Bankers' Credit Life Ins. Co. v. AyresSupreme Court of Alabama · 1931
9 more not listed; retrieve them via the Exa API.