Legal Opinion

Kelly v. Metropolitan Life Ins. Co.

Supreme Court of Alabama

Decided June 21, 1934No. 8 Div. 598PublishedCited by 2 opinions

1Opinion of the Court

BOULDIN, Justice.

An industrial life insurance policy, payable to the executor or administrator of the insured, containing a “facility of payment” clause, will not support' an action by the surviving husband of the insured in his own name.

Such clause confers an option on the insurer to make settlement with one of the persons therein named, facilitating speedy payment without administration, but does not subject the insurer to suit by one or more of such persons. If so, the insurer might be called to answer several separate suits by different claimants. Life Ins. Co. of Va. v. Newell, 223 Ala.…

2Cases cited3 opinions

  1. Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
  2. Life Ins. Co. of Virginia v. NewellSupreme Court of Alabama · 1931
  3. Allbright v. Metropolitan Life Ins. Co.Alabama Court of Appeals · 1934

3Cited by2 opinions

  1. Life Casuality Ins. Co. of Tennessee v. Crow.Supreme Court of Alabama · 1935
  2. Jordan's Mut. Aid Ass'n v. EdwardsSupreme Court of Alabama · 1936

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