Legal Opinion

Wheeler v. Fidelity & Casualty Co.

Supreme Court of Georgia

Decided August 12, 1907PublishedCited by 34 opinions

Action on insurance policy. Before Judge Cann. Chatham superior court. December 15, 1906. Wheeler sued the Fidelity and Casualty Company, alleging that the defendant was indebted to him in a stated sum, on a policy of accident insurance.

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Action on insurance policy. Before Judge Cann. Chatham superior court. December 15, 1906. Wheeler sued the Fidelity and Casualty Company, alleging that the defendant was indebted to him in a stated sum, on a policy of accident insurance. The policy insured the plaintiff “against disability or death resulting directly, and independently of all other causes, from bodily injuries sustained through external, violent, and accidental means (suicide, sane or insane, not included).’ The policy, in different clauses, made stipulations in reference to the terms upon which the insured would or would not…

1Opinion of the CourtCobb, P. J.

(After stating the facts.) If the stipulation in the policy providing for indemnity to the insured for loss resulting from the death or disability of his wife is interpreted as it stands alone, there can be but little question that under the terms of the stipulation there was to be no liability upon the company unless the death or disability resulted from an injury to the wife while she was.a passenger upon a car or an elevator. The words are clear and unequivocal. This clause in the policy is entirely free from ambiguity. But it is said this clause should be interpreted in the light of the…

2Cited by34 opinions

  1. Cato v. Ætna Life InsuranceSupreme Court of Georgia · 1927
  2. Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
  3. Wolverine Insurance v. Jack Jordan, Inc.Supreme Court of Georgia · 1957
  4. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
  5. Cherokee Credit Life Insurance v. BakerCourt of Appeals of Georgia · 1969

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