McKenzie v. Northwestern Mutual Life Insurance
Court of Appeals of Georgia
Action on insurance policy; from city court of Oglethorpe — Judge Grier. July 29, 1920. W. L. McKenzie, as administrator of the estate of William M. Koonce, deceased, brought suit against the Northwestern Mutual Life Insurance Company upon four policies of life-insurance, each for $2,500, alleged to have been issued by the defendant on the life of Koonce and prior to his death.
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Action on insurance policy; from city court of Oglethorpe — Judge Grier. July 29, 1920. W. L. McKenzie, as administrator of the estate of William M. Koonce, deceased, brought suit against the Northwestern Mutual Life Insurance Company upon four policies of life-insurance, each for $2,500, alleged to have been issued by the defendant on the life of Koonce and prior to his death. The .petition alleged that the policies sued upon were outstanding and in force at the time of the death of the deceased, and that a demand for payment had been made, but the company refused to pay. Attached to the…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts). It clearly appearing that the applicant did not pay the first year’s premiums on the policies at the time the application was made, the case is controlled by the following stipulation in the application, which was made a part of the proposed contract of insurance: “No liability shall exist until a policy as applied for shall have been issued and delivered to me [the applicant] and the first premium thereon actually paid during my lifetime. ” That an insurance company can legally make the delivery of a policy and the actual payment of the initial premium,…
2Cases cited9 opinions
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Hipp v. Fidelity Mutual Life InsuranceSupreme Court of Georgia · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Strangio v. Consolidated Indemnity & Ins. Co.Court of Appeals for the Ninth Circuit · 1933
- Bradley v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1921
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
- Ames v. New York Life InsuranceSupreme Court of Minnesota · 1922
- Western Fire Insurance v. MossAppellate Court of Illinois · 1973
10 more not listed; retrieve them via the Exa API.