Continental Casualty Co. v. Ogburn
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Lula Ogburn'against the Continental Casualty Company on an accident and death policy. Judgment for plaintiff, and defendant appeals. Plea 6, after quoting part 1 of the contract as set out in the opinion, avers that the insured did not receive personal bodily injuries which caused at once and continuously after the accident a total inability to engage in any and every labor or occupation.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Lula Ogburn'against the Continental Casualty Company on an accident and death policy. Judgment for plaintiff, and defendant appeals. Plea 6, after quoting part 1 of the contract as set out in the opinion, avers that the insured did not receive personal bodily injuries which caused at once and continuously after the accident a total inability to engage in any and every labor or occupation. The demurrers to this plea were that it is not shown that the provisions referred to would be operative in case of loss by death.…
1Opinion of the CourtAnderson, J.
“Insurance policies are framed by insurance companies with great care and caution, with a view of limiting their liability as much as possible'; and in most cases impose conditions and duties on the assured, to be performed with marked particularity. They should be and are liberally construed in favor of the assured, which conditions and provisions are strictly construed against the insurer.” — Piedmont Co. v. Young, 58 Ala. 486, 29 Am. Rep. 770. And this rule is especially followed in dealing, with forfeiture clauses of *360insurance contracts. — Equitable Co. v. Golson, 159 Ala. 508, 48 South.…
2Cases cited12 opinions
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Williams v. Preferred Mutual Accident Ass'nSupreme Court of Georgia · 1893
- Merrill v. Travelers' Insurance Co.Wisconsin Supreme Court · 1895
- Central City Insurance v. OatesSupreme Court of Alabama · 1888
- Pacific Mutual Life Insurance v. BranhamIndiana Court of Appeals · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- McGifford v. Protective Life Ins. Co.Supreme Court of Alabama · 1933
- New York Life Ins. Co. v. TorranceSupreme Court of Alabama · 1932
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
29 more not listed; retrieve them via the Exa API.