Security Mutual Life Insurance v. Riley
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. . Action by Mollie A. W. Riley against the Security Mutual Life Insurance Company. From a judgment for plaintiff, defendant appealed. Under a. contract of insurance such as is involved in this case, and containing its provisions with reference to forfeiture for nonpayment of premiums at maturity, the failure to pay on or before maturity works a forfeiture of the policy.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. . Action by Mollie A. W. Riley against the Security Mutual Life Insurance Company. From a judgment for plaintiff, defendant appealed. Under a. contract of insurance such as is involved in this case, and containing its provisions with reference to forfeiture for nonpayment of premiums at maturity, the failure to pay on or before maturity works a forfeiture of the policy. Cooley’s Briefs on Insurance, page 2669, et soq. A Waiver to be effective must have occurred with full knowledge of all the material facts. 19 Cyc. 778, and…
1Opinion of the CourtDjenson, J.
— On the 3d day of July, 1896, Bankers’ Guarantee & Life Association of Atlanta, Ga., hereinafter referred to as “Bankers’ Company,” issued to William T. Biley, of Montgomery, Ala., a policy of insurance on his life in the sum of $2,000; Mollie A. W. Biley, wife of the insured, being named in the policy as the beneficiary. After the insurance of the policy Security • Mutual Life Insurance Company of Binghamton, N. Y., hereinafter called “Security Company,” assumed Biley’s policy, the precise date of such assumption being December 6, 1899, and agreed to pay every valid claim that might arise…
2Cases cited14 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Hanover Fire Ins. Co. v. WoodSupreme Court of Alabama · 1923
- Sun Ins. Office of London v. MitchellSupreme Court of Alabama · 1914
- Belt Automobile Indemnity Ass'n v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
- Grimes v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1989
18 more not listed; retrieve them via the Exa API.