Manhattan Life Insurance v. Verneuille
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard befor eHon. Saffolb Berney. Action by Carrie C. Verneuille against the Manhattan Life Insurance Company. From a judgment for plaintiff, defendant appeals. The complaint is in code form. The following pleas were filed thereto: (1) The general issue. “(2) The defendant did not enter into the alleged contract sued on. (3) The alleged contract of insurance sued on never became binding upon tbe defendant.
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Appeal from Mobile Law and Equity Court. Heard befor eHon. Saffolb Berney. Action by Carrie C. Verneuille against the Manhattan Life Insurance Company. From a judgment for plaintiff, defendant appeals. The complaint is in code form. The following pleas were filed thereto: (1) The general issue. “(2) The defendant did not enter into the alleged contract sued on. (3) The alleged contract of insurance sued on never became binding upon tbe defendant. (4) Tbe policies sued on never became binding on the defendant, for that it was executed by defendant in pursuance of a written application of…
1Opinion of the CourtAnderson, J.
Section 2602 of the Code of 1896, in attempting to regulate insurance, says: “No life, nor any other insurance company, nor any agent thereof, shall make any contract of insurance, nor agreement as to a policy contract, other than is plainly expressed in the policy issued thereon,” etc. The language quoted is clear and unambiguous. It means what it says and says what it means. To hold that the insured is bound by any anterior or contemporaneous agreements, not plainly expressed in the policy, would strike down both the spirit and letter of the statute. Certainly the par*597ties could, in tbe…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Beavers v. HardieSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. LeeSupreme Court of Alabama · 1902
3Cited by29 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Prudential Ins. Co. v. CalvinSupreme Court of Alabama · 1933
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- 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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