Farrow v. State Mutual Life Insurance
Court of Appeals of Georgia
Action for breach of contract; from city court of Floyd county —Judge Nunnally. May 26, 1917. Ocie D. Farrow sued the State Mutual Life Insurance Company, alleging in part that on April 21, 1909, he insured his life in that company under a policy which provides for an annual premium of $32.62, and that the said premium “may be reduced” by -dividends allowed.
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Action for breach of contract; from city court of Floyd county —Judge Nunnally. May 26, 1917. Ocie D. Farrow sued the State Mutual Life Insurance Company, alleging in part that on April 21, 1909, he insured his life in that company under a policy which provides for an annual premium of $32.62, and that the said premium “may be reduced” by -dividends allowed. The 7th, 8th, 9th, 10th and 11th paragraphs of the petition are as follows: “ Seventh: Plaintiff has paid to defendant all sums required of plaintiff under said contract of insurance, and has performed all the other obligations resting…
1Opinion of the CourtBloodwobth, J.
(After stating the foregoing facts.) The demurrer to the petition in this case was properly sustained. It will be noted that the suit is not for the “guaranteed surrender value” of the policy, but for the entire amount of premiums paid. Admitting every fact alleged, plaintiff would not be entitled to recover all the premiums which he had paid on this policy. This is the measure of damages in those cases only where the policy, from fraud or other cause, is void ab initio. This proposition we will discuss later. In the broadest sense two propositions are presented for solution by the Tecord in…
2Cases cited21 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- City of Elgin v. JoslynIllinois Supreme Court · 1891
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prudential Insurance Co. of America v. FergusonCourt of Appeals of Georgia · 1935
- Matthews v. Gulf Life Insurance Co.Court of Appeals of Georgia · 1940
- Glover v. Bankers Health & Life InsuranceCourt of Appeals of Georgia · 1923
- Columbian Mutual Life Insurance v. CarterCourt of Appeals of Georgia · 1938
- Eminent Household of Columbian Woodmen v. EppesCourt of Appeals of Georgia · 1920
6 more not listed; retrieve them via the Exa API.