American Casualty and Life Insurance Co. v. Boyd

ON MOTION FOR REHEARING

Appellee has filed his Motion for Rehearing in which he complains of this court’s holding that he could not recover insurance premiums theretofore paid, since he had voluntarily paid the excess premiums. He asserts that the point was raised for the first time by appellant on appeal and therefore should not be considered by this court.

In the trial court, appellant vigorously contested the right of appellee to recover the premium payments sued for. The trial court rejected appellant’s contentions and rendered judgment allowing appellee to recover for the alleged excess…