Hunt v. Preferred Accident Ins.
Supreme Court of Alabama
A:ction on Insurance Policy. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by J. C. Hunt against the Preferred Accident Insurance Co., of New York. Judgment for defendant and plaintiff appeals. Plea IS!3 is as follows: “Defendant, for answer to the complaint and each count thereof separately and- severally, pleads and says: That plaintiff made an application in writing, sighed by him, for said policy sued for.
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A:ction on Insurance Policy. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by J. C. Hunt against the Preferred Accident Insurance Co., of New York. Judgment for defendant and plaintiff appeals. Plea IS!3 is as follows: “Defendant, for answer to the complaint and each count thereof separately and- severally, pleads and says: That plaintiff made an application in writing, sighed by him, for said policy sued for. That said application contained the following provision: ‘I hereby apply for the policy, to be based upon the following statements of fact, all of which…
1Opinion of the CourtSayre, J.
This suit was brought by appellant on a policy of health insurance. Errors are assigned on the judgment of the court overruling demurrers to pleas designated in the record as “N3,” “04” and “Q6.” So far as concerns the objections taken to them, these pleas are substantially the same, and it is conceded on all hands that there is no occasion to discriminate be*445tween them. To avoid prolixity we will deal with the plea called “N3.”
There is no allegation of fraudulent misrepresentation. The evident purpose of the plea is to set up a breach of warranty made by the assured, and in consideration of…
2Cases cited5 opinions
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- Satterfield v. Fidelity Mutual Life InsuranceSupreme Court of Alabama · 1911
- Providence Savings Life Assurance Society v. PruettSupreme Court of Alabama · 1904
- Providence Saving Life Insurance Society v. PruettSupreme Court of Alabama · 1908
3Cited by7 opinions
- Sovereign Camp. W. O. W. v. HutchinsonSupreme Court of Alabama · 1926
- Meridian L. Ins. v. DeanSupreme Court of Alabama · 1913
- Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
- American Nat. Ins. Co. v. WalstromSupreme Court of Alabama · 1933
- Supreme Forest Woodmen Circle v. KnightAlabama Court of Appeals · 1913
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