Legal Opinion

Clubb v. American Accident Co.

Supreme Court of Georgia

Decided November 15, 1895PublishedCited by 31 opinions

Action, on insurance policy. Before Judge Sweat. 'Glynn superior court. May term, 1895. Olubb sued the insurance company, alleging that on December 31st, 1891, in consideration of $17 premium paid to it, defendant contracted with him to insure him against bodily injuries sustained through external, violent .and accidental means, for twelve months, as per contract of insurance, copy of which is attached.

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Action, on insurance policy. Before Judge Sweat. 'Glynn superior court. May term, 1895. Olubb sued the insurance company, alleging that on December 31st, 1891, in consideration of $17 premium paid to it, defendant contracted with him to insure him against bodily injuries sustained through external, violent .and accidental means, for twelve months, as per contract of insurance, copy of which is attached. During the term •of the existence of the contract and while it was in full force, on March 14, 1892, owing to no negligence upon his part, he received an accidental injury. lie was engaged in…

1Opinion of the Court

Lumpkin, Justice.

The principal and controlling legal questions involved in the present case are stated in the head-notes. We rest the correctness of our conclusions upon the reasoning of Mr. Justice Miller in the case of Insurance Co. v. Wilkinson, 80 U. S. 222. The whole subject relating to the responsibility of insurance companies for the acts of their soliciting agents is elaborately discussed in his opinion. We take from it the following extended extract, which is sufficient for bur present purpose:

“It is not to be denied that the application [for an insurance policy], logically…

2Cases cited1 opinion

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872

3Cited by31 opinions

  1. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  2. Stillson v. Prudential Ins. Co. of AmericaSupreme Court of Georgia · 1947
  3. Reserve Life Insurance Co. v. AyersSupreme Court of Georgia · 1961
  4. Royal Neighbors of America v. BomanIllinois Supreme Court · 1898
  5. National Accident & Health Insurance v. DavisSupreme Court of Georgia · 1934

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