Supreme Lodge of Knights of Pythias v. Overton
Supreme Court of Alabama
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action by Sallie N. Overton against the Supreme Lodge of the Knights of Pythias. Prom judgment for plaintiff, defendant appeals.
1Opinion of the CourtMayeield, J.
The only' question presented for review on this appeal is whether or not the insurer should be allowed to defend an action on an insurance policy which contains an “incontestable clause” by setting up as special defenses that the 'insured was a felon sentenced to death, and was killed while attempting to escape imprisonment and execution.
This decision must be ruled by the recent decisions of this court in the cases of Ex parte Weil, 201 Ala. 409, 78 South. 528, and Mutual Ins. Co. v. Lovejoy, 201 Ala. 337, 78 South. 299, L. R. A. 1918D, 860.
In one of the above-cited cases the defense of…
2Cases cited2 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Ex Parte WeilSupreme Court of Alabama · 1918
3Cited by18 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Weeks v. New York Life Ins. Co.Supreme Court of South Carolina · 1924
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1919
- Commonwealth Life Ins. Co. v. GeorgeSupreme Court of Alabama · 1947
- Protective Life Ins. Co. v. LinsonSupreme Court of Alabama · 1944
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