Empire Life Insurance v. Gee
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Susan B. Gee against the Empire Life Insurance Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Susan B. Gee against the Empire Life Insurance Company. From a judgment for plaintiff, defendant appeals. The following pleas are directed to be set out: (17) “For further answer to said complaint, and to each count thereof, defendant avers that insured made a written application to it for the issuance of said policy, and in said application he stated that he had no reason to believe that he was not in perfect health then and safely insurable; and it avers that at that time the said insured was not then in perfect…
1Opinion of the Court
de GRAFFENRIED,. J.
Insurance policies, as a general rule, should be liberally construed, and the language used in them should usually be given its ordinary common interpretation. No strained or unusual construction should be given to any of the terms of a *499policy of insurance, in favor of the insurer or of the insured; but when a clause in such a policy, when read in connection with all the other parts of the policy, is uncertain in its meaning, and is capable of two equally rational constructions, that construction should he placed upon the clause which is most favorable to the insured. These…
2Cases cited4 opinions
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Rorick v. Railway Officials' & Employees' Acc. Ass'nCourt of Appeals for the Ninth Circuit · 1902
- Gen. Accid't & Life Assur. Corp. v. MeredithCourt of Appeals of Kentucky · 1910
3Cited by27 opinions
- American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Alabama Farm Bureau Mutual Casualty Insurance v. GoodmanSupreme Court of Alabama · 1966
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
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