Washburn v. Union Central Life Insurance
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The facts in this case are sufficiently stated in the opinion. The stipulations in a policy of insurance as to what shall operate as a forfeiture do- not interfere with the rule of law as to waiver of forfeiture clauses. Such waiver may be shown by parol, and even by acts, declarations or conduct on the part of the insurer. — Queen Ins. Go. v. Young, 86 Ala. 424; Bam-tun v. Am. Mitt. Life Ins.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The facts in this case are sufficiently stated in the opinion. The stipulations in a policy of insurance as to what shall operate as a forfeiture do- not interfere with the rule of law as to waiver of forfeiture clauses. Such waiver may be shown by parol, and even by acts, declarations or conduct on the part of the insurer. — Queen Ins. Go. v. Young, 86 Ala. 424; Bam-tun v. Am. Mitt. Life Ins. Go., 25 Conn; Knickerbocker Ins. Go. v. Norton, 96 ü. S. 234; N. Y. Life Ins. Go. v. Eggleston, 96 U. S. 572; Ins. Go. v.…
1Opinion of the CourtDenson, J.
This is an action on a life insurance policy. The complaint is in Code form.
The defendant, in pleas numbered two and three filed to the complaint, set up as a defense a forfeiture of the policy sued on. To these pleas, the plaintiff filed replications from seventeen (o twenty-four inclusive, in all of which it was claimed that the forfeiture set up in the pleas was waived by the defendant, and setting forth the facts constituting the alleged waiver. Demurrers were sustained to the replications, and, under the practice act for the city court of Gadsden (Acts 1900-1901, page 1288), the present…
2Cases cited7 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1929
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Williams v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1910
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
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