Mutual Life Insurance v. Allen
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. Thomas E. Knight, Special Judge. Action on a policy of insurance by Lula T. Allen against the Mutual Life Insurance Company of New York. Plaintiff had judgment, and defendant appeals. The policy sued on was issued upon the life of Walter E. Allen, and it is alleged in the complaint that Allen is dead, of which the company has notice, and that plaintiff is the owner of the policy.
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Appeal from Dallas Circuit Court. Heard before Hon. Thomas E. Knight, Special Judge. Action on a policy of insurance by Lula T. Allen against the Mutual Life Insurance Company of New York. Plaintiff had judgment, and defendant appeals. The policy sued on was issued upon the life of Walter E. Allen, and it is alleged in the complaint that Allen is dead, of which the company has notice, and that plaintiff is the owner of the policy. Numerous pleas were interposed, but in view of the opinion it is deemed unnecessary to set them out separately. The seventh plea was as follows: Defendant, for…
1Opinion of the CourtAnderson, J.
Section 4579, Code 1907, in regulating insurance, among other things, says: “No life, nor any other insurance company, nor any agent thereof, shall make any contract of insurance or agreement as to policy contract, other than is plainly expressed in the policy issued thereon,” etc. This court has construed this section in the recent case of Manhattan Life Ins. Co. v. Verneuille, 156 Ala. 592, 47 South. 72. It was there held that the insured ivas not bound by any anterior or contemporaneous agreement not plainly expressed in the policy. The statute was enacted for the protection of the public,…
2Cases cited2 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
3Cited by23 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- State Mut. Life Ins. Co. v. RosenberryTexas Commission of Appeals · 1919
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
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