Southern Indemnity Ass'n v. Hoffman
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by Barbara Hoffman against the Southern Indemnity Association upon an insurance policy. Judgment for plaintiff, and defendant appeals.. The complaint sufficiently appears.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by Barbara Hoffman against the Southern Indemnity Association upon an insurance policy. Judgment for plaintiff, and defendant appeals.. The complaint sufficiently appears. Plea 4 sets up in effect that: The policy contains the following terms and conditions: Written notice from the member or his representative and a certificate from the attending physician, each stating the time, place, manner, and nature of injury, sickness, or death, must be received at the home office of the association within ten days after the date…
1Opinion of the CourtSamford, J.
[1] The first count of the complaint is in the following words:
“The plaintiff claims of the defendant the sum of, to wit, . $150, with interest thereon, upon a policy of insurance whereby the defendant on, to wit, the 14th day of September, 1908, insured for the term of, to wit, his natural life, Leo H. Hoffman, who died on, to wit, the 16th day of August, 1912, of which the defendant has had notice. Said policy is the property of the plaintiff.”
This count was evidently intended to follow the Code form, but it failed to do so, in that it fails to allege against what risk the defendant…
2Cases cited2 opinions
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1910
3Cited by11 opinions
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
- Royal Ins. Co. v. StoryAlabama Court of Appeals · 1949
- Union Central Life Ins. Co. v. GuffinSupreme Court of Alabama · 1936
- Life Casualty Ins. Co. v. EubanksAlabama Court of Appeals · 1922
- Mayben v. Travelers Indemnity CompanySupreme Court of Alabama · 1962
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