Legal Opinion · Dissent

Metropolitan Life Ins. Co. v. Fox

Alabama Court of Appeals

Decided December 16, 1952No. 1 Div. 644Published

1DissentCarr, Presiding Judge

The basis for this appeal is a judgment in the court below in favor of the beneficiary on a policy of life insurance.

The policy was issued by the appellant on the 1st day of August, 1947. The insured, Charles James Fox, died on the 30th day of November, 1948.

The application for the policy contract bears date of the 18th day of July, 1947.

Questions numbered 5, 11(c), 12(g), and 13, and answers thereto appearing in the application are pertinent to our review. They are:

“5. Have you ever been an inmate of a hospital, sanatorium, asylum or . cure whether for observation, examination or treatment?…

2Cases cited28 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
  3. Booth v. StateSupreme Court of Alabama · 1946
  4. Sovereign Camp, W. O. W. v. DavisSupreme Court of Alabama · 1941
  5. Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930

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