Legal Opinion
Jones v. North Carolina Mutual Life Insurance
Court of Appeals of Georgia
Decided July 6, 1970No. 44969PublishedCited by 4 opinions
1Opinion of the Court
Deen, Judge.
Headnote 1 needs no elaboration. Since the policy although issued was not delivered during the lifetime of the appli*385cant, its provisions are immaterial (Sasser v. Coastal States Life Ins. Co., 113 Ga. App. 17, 19 (147 SE2d 5)) and the existence of liability must depend on whether the binder was in effect on December 2, the date of death.
It is elementary that the application and the binder receipt must be construed together. Looking at both and giving to them a reasonable construction it is apparent that the insurer intended to be bound if (a) the first full premium was paid in…
2Cases cited7 opinions
- Atlas Assurance Co. Ltd. v. LiesCourt of Appeals of Georgia · 1943
- Sasser v. Coastal States Life InsuranceCourt of Appeals of Georgia · 1966
- Penn Mutual Life Insurance Co. v. ChildsCourt of Appeals of Georgia · 1941
- Guest v. Kennesaw Life & Accident InsuranceCourt of Appeals of Georgia · 1958
- Royal Exch. Assurance of London v. ThrowerDistrict Court, N.D. Georgia · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Imperial Enterprises, Inc., D/B/A Imperial Carpet Mills, Inc., Plaintiff-Appellant-Cross v. Fireman's Fund Insurance Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- North Carolina Mutual Life Insurance v. BaileyCourt of Appeals of Georgia · 1987
- NC &C. LIFE INS. CO. v. BaileyCourt of Appeals of Georgia · 1987
- Jones v. North Carolina Mutual Life InsuranceCourt of Appeals of Georgia · 1970