Northwestern Mutual Life Insurance v. Ross
Supreme Court of Georgia
Insurance. Contracts. Yerdict. Before Judge Hillybr. Fulton Superior Court. September Term, 1878. Mrs. Ross sued the insurance company on a policy of insurance on the life of ¥m. H. Ross. The defendant-pleaded (1), the general issue; (2), that the insured had forfeited the policy by non-compliance with its terms ; (3), that plaintiff had forfeited dividends ; and (4), that if there was any recovery, unpaid premium notes must be deducted.
Read the full summary
Insurance. Contracts. Yerdict. Before Judge Hillybr. Fulton Superior Court. September Term, 1878. Mrs. Ross sued the insurance company on a policy of insurance on the life of ¥m. H. Ross. The defendant-pleaded (1), the general issue; (2), that the insured had forfeited the policy by non-compliance with its terms ; (3), that plaintiff had forfeited dividends ; and (4), that if there was any recovery, unpaid premium notes must be deducted. On the trial the jury found for the plaintiff $688.00 and $100.00 for attorney’s fees. Defendant moved for a new trial. It was refused, and defendant…
1Opinion of the Court
Jackson, Justice.
Two questions are made by this record, first, what is the true construction of the contract sued on, and secondly, *201has the'insurance company so acted in regard to the defense of this case or been so stubbornly litigious that counsel fees for the plaintiff should be found against it under our Code?
1. The material facts are as follows :
The action is upon a policy of insurance, issued upon the ten-year payment plan, by plaintiff in error, in favor of William II. Ross, upon his life, dated 31st of May, 1871, premiums payable annually, partly in cash and partly by loan notes. Ross…
2Cases cited1 opinion
- Ohde v. Northwestern Life InsuranceSupreme Court of Iowa · 1875
3Cited by16 opinions
- North British & Mercantile Insurance v. TyeCourt of Appeals of Georgia · 1907
- Life Ins. Co. of Georgia v. BurkeSupreme Court of Georgia · 1963
- Dean v. Northwestern Mutual Life InsuranceSupreme Court of Georgia · 1932
- State Mutual Life Insurance v. ForrestCourt of Appeals of Georgia · 1917
- Continental Casualty Co. v. OwenCourt of Appeals of Georgia · 1954
11 more not listed; retrieve them via the Exa API.