Legal Opinion

Clark v. Mutual Life Insurance

Supreme Court of Georgia

Decided November 16, 1907PublishedCited by 12 opinions

Action on insurance policy. Before Judge Littlejohn. Sumter superior court. December 4, 1906. Clark, the administrator of Moore, deceased,, brought suit against the Mutual Life Insurance Company of New York, to recover the amount of a policy' alleged to have been issued by said company, to plaintiff’s intestate. • It appears from the record that Moore made an application -to the company for a policy of life insurance.

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Action on insurance policy. Before Judge Littlejohn. Sumter superior court. December 4, 1906. Clark, the administrator of Moore, deceased,, brought suit against the Mutual Life Insurance Company of New York, to recover the amount of a policy' alleged to have been issued by said company, to plaintiff’s intestate. • It appears from the record that Moore made an application -to the company for a policy of life insurance. The application provided that the policy “shall not take effect until the first premium shall have been paid during my continuance in good health.” The policy was issued by the…

1Opinion of the CourtBeck, J.

1. Where the application for a policy .of life insurance and the policy itself both stipulated, in effect, that the policy should not become binding upon the insurance company until the first premium had been paid during the good health of the applicant, and the agent of the insurance company agreed with the applicant to accept the latter’s note in payment of the first premium, there,being no question as to the agent’s authority to make this agreement, the execution and delivery by the applicant of his said note, or the actual payment of the first premium, during -the good health of the…

2Cases cited1 opinion

  1. Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900

3Cited by12 opinions

  1. Reliance Life Insurance v. HightowerSupreme Court of Georgia · 1919
  2. Denton v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1921
  3. Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
  4. Volunteer State Life Insurance v. McGinnisCourt of Appeals of Georgia · 1923
  5. McGregor v. Metropolitan Life Ins.Court of Appeals of Kentucky · 1911

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