Legal Opinion

Kelly v. Life Insurance Clearing Co.

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 16 opinions

Action upon a Policy of Life Insurance. Appeal from tlie Circuit Courfr of Montgomery. This was an action brought by the appellant, E. Anna Kelly, against the appellee, the Life Insurance Clearing Company, to recover ten thousand dollars, alleged to be due on two policies of insurance, Nos. 2741, 2742, each in the sum of $5,000, whereby the defendant on July 6, 1893, insured the life of Marshall B. Kelly, who died on June 24, 1894. The two policies of life insurance sued on…

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Action upon a Policy of Life Insurance. Appeal from tlie Circuit Courfr of Montgomery. This was an action brought by the appellant, E. Anna Kelly, against the appellee, the Life Insurance Clearing Company, to recover ten thousand dollars, alleged to be due on two policies of insurance, Nos. 2741, 2742, each in the sum of $5,000, whereby the defendant on July 6, 1893, insured the life of Marshall B. Kelly, who died on June 24, 1894. The two policies of life insurance sued on contain, each, the stipulation, that it is “accepted by the insured upon the express declaration and warranty by him…

1Opinion of the CourtPiaralson, J.

The plaintiff’s counsel in his brief, states the issue on the pleadings in the case, as follows : ‘ ‘The theories upon which the causes of demurrer are based, are, 1st, That the policies themselves contain the only conditions, stipulations and warranties upon which they were issued ; and, 2d, That if the said application and health certificate are to be considered parts of the contract of insurance, and as containing some of the conditions upon which the policies were issued, said statements in said application and in said certificates are to be considered as representations and not as…

2Cases cited6 opinions

  1. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
  2. Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
  3. Ala. Gold Life Insurance v. GarnerSupreme Court of Alabama · 1884
  4. Alabama Gold Life Insurance v. ThomasSupreme Court of Alabama · 1883
  5. Bridgeport Land & Improvement Co. v. American Fire-proof Steel Car Co.Supreme Court of Alabama · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
  2. Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. RigginsSupreme Court of Alabama · 1925
  3. Great American Ins. Co. v. DoverSupreme Court of Alabama · 1929
  4. Brown v. Connecticut Fire Ins. Co. of Hartford, ConnSupreme Court of Oklahoma · 1915
  5. Travelers' Ins. Co. v. WhitmanSupreme Court of Alabama · 1918

11 more not listed; retrieve them via the Exa API.

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