Mutual Life Insurance v. Chambliss
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior court. February 15, 1907. Chambliss filed suit, alleging that a policy issued by the plaintiff in error upon his life was held by one McMath by virtue of a pretended assignment by petitioner; that in January, 1903, he applied to the company for insurance on his life, and was examined therefor, and was afterwards told by the agent, who had received his application, that he had not passed, and the cohipany would not…
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Equitable petition. Before Judge Littlejohn. Sumter superior court. February 15, 1907. Chambliss filed suit, alleging that a policy issued by the plaintiff in error upon his life was held by one McMath by virtue of a pretended assignment by petitioner; that in January, 1903, he applied to the company for insurance on his life, and was examined therefor, and was afterwards told by the agent, who had received his application, that he had not passed, and the cohipany would not insure him; that he did not know until recently that any policy had been issued, or was in existence; that if McMath had…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1, 2. As ruled in the first headnote, the court did not err.in overruling the defendant’s *62demurrer to the petition; and we can not say that the allegation as to bad faith upon the part of the defendant, in the transaction out of which the cause of action arose, was entirely without evidence to support it. While the evidence for the plaintiff upon this point is not entirely clear and satisfactory, we can not say that the jury were not authorized to find that the defendant company, through its agents, at the time of securing an application from the plaintiff for a…
2Cases cited1 opinion
- Traders Insurance v. MannSupreme Court of Georgia · 1903
3Cited by4 opinions
- Bankers Health & Life Insurance v. PlumerCourt of Appeals of Georgia · 1942
- Speir Insurance Agency, Inc. v. LeeCourt of Appeals of Georgia · 1981
- Montgomery v. LesterCourt of Appeals of Georgia · 1920
- Brunswick Floors, Inc. v. ShumanCourt of Appeals of Georgia · 1987