Hamilton v. Penn Mut. L. Ins. Co.

Specially Concurring Opinion.

Anderson, J.,

delivered a specially concurring opinion.

The policy involved provides a monthly annuity for the insured during her lifetime, and at her death, if the aggregate of the annuities is less than the premium paid, the difference is payable to beneficiaries named in the policy. That made it a combination life and annuity policy, as held in the Gully case, 189 Miss. 830, 196 So. 796, 198 So. 763. To the same effect is the holding of our court in New York Life Ins. Co. v. Majet, 173 Miss. 870, 161 So. 156, 101 A. L. R. 894. In other words, it was two policies…