Allen v. Standard Ins.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. J. J. Curtis. Action by Henry Allen and others as administrators against the Standard Insurance Company. There was judgment for plaintiff which on motion of defendant was set aside and a new trial granted. From this order plaintiffs appeal.
1Opinion of the CourtThomas, J.
In the suit which was on an insurance policy, at plaintiff’s request the general affirmative charge was given. From the order granting a new trial, the appeal is taken.
The defendant pleaded “in short by consent, with leave to prove any fact that would be a good defense, and with leave, to plaintiffs to prove anything in reply that would avail same in law.” The real defense was that fraudulent statements were made by the insured in the application for the policy, that such *524misrepresentations were made with actual intent to deceive, and that the matter misrepresented increased the risk of loss.…
2Cases cited31 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Scott v. StateSupreme Court of Alabama · 1895
- Massachusetts Mut. L. I. Co. v. CrenshawSupreme Court of Alabama · 1915
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Carmelich v. MimsSupreme Court of Alabama · 1889
26 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Kurn v. CountsSupreme Court of Alabama · 1945
- Hamilton v. BrowningSupreme Court of Alabama · 1952
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
18 more not listed; retrieve them via the Exa API.