Legal Opinion

Spratling v. International Life Insurance

Court of Appeals of Georgia

Decided April 19, 1919No. 9934PublishedCited by 2 opinions

Action on insurance policy; from Fulton superior court—Judge Pendleton. June 18, 1918. The reinsurance contract referred to in the decision is as follows: “This contract of reinsurance, this day made and entered into by and between the International Life Insurance Company, of St. Louis, Missouri, hereinafter called the International, and The Empire Life Insurance Company, of Atlanta, Georgia, hereinafter called'the Empire, witnesseth: '“1. The International hereby assumes…

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Action on insurance policy; from Fulton superior court—Judge Pendleton. June 18, 1918. The reinsurance contract referred to in the decision is as follows: “This contract of reinsurance, this day made and entered into by and between the International Life Insurance Company, of St. Louis, Missouri, hereinafter called the International, and The Empire Life Insurance Company, of Atlanta, Georgia, hereinafter called'the Empire, witnesseth: '“1. The International hereby assumes and reinsures all of the outstanding policies or contracts of life insurance of the Empire, and agrees, subject to the…

1Opinion of the CourtJenkins, J.

1. Under the provisions of the “automatically non-forfeit-able” clause of the original policy of life insurance here involved, the accrued loan value, until consumed, would operate to continue the policy in force as fully and completely as though the premiums had been paid by the insured from funds derived from other sources. Perkins v. Empire Life-Insurance Co., 17 Ga. App. 658, 659 (87 S. E. 1094).

2. Liability under the terms of a policy of life insurance, when assumed by another company, must be takén and construed subject to such “exemptions, modifications, and limitations” as are imposed…

2Cases cited3 opinions

  1. Perkins v. Empire Life-InsuranceCourt of Appeals of Georgia · 1916
  2. Fireman's Fund Insurance v. Aachen & Munich Fire InsuranceCalifornia Court of Appeal · 1906
  3. Lester v. WrightSupreme Court of Georgia · 1917

3Cited by2 opinions

  1. Empire Life Ins. Co. v. LandmanSupreme Court of Alabama · 1925
  2. Missouri State Life Insurance v. BozemanCourt of Appeals of Georgia · 1934

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