Goodman v. Georgia Life Ins.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Bill by N. Goodman against the Georgia Life Insurance Company and others to enforce the payment of a judgment. Decree on demurrer for respondents, and complainant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Bill by N. Goodman against the Georgia Life Insurance Company and others to enforce the payment of a judgment. Decree on demurrer for respondents, and complainant appeals. The bill shows the following facts: In July, 1911, complainant was injured by an automobile operated by the Birmingham Auto Company, and in November, 1912 recovered a judgment therefor in the sum of $1,500. Said auto company was protected by a policy of indemnity insurance issued by the Georgia Life Insurance Company. This policy contains the following…
1Opinion of the Court
SOMERYILLE,. J.
The bill is wholly Avanting in equity.
Under the express provisions of the policy of insurance, the assured,- the auto company, had no right of action against the insurance company, except for liabilities actually discharged by the payment of money. Not having met this essential condition of the indemnity contract, the auto company could not itself maintain any action on-the policy. Certainly a stranger to the contract cannot do so-either directly or indirectly.-
Complainant’s theory is that a court of equity may treat the contract as made for the benefit of any person injured by…
2Cited by28 opinions
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
- Combs v. HuntCourt of Appeals of Virginia · 1924
- Mooradian v. Canal Insurance CompanySupreme Court of Alabama · 1961
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