Empire Life Insurance v. Gee
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Susan B. Gee against tlie Empire Life Insurance Company on a policy. Judgment for plaintiff and the defendant appeals. The circuit court -erred in sustaining demurrer to pleas 1 and 2. — S'ec. 4572, Code 1907; Mut.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Susan B. Gee against tlie Empire Life Insurance Company on a policy. Judgment for plaintiff and the defendant appeals. The circuit court -erred in sustaining demurrer to pleas 1 and 2. — S'ec. 4572, Code 1907; Mut. L. I. Go. v. Allen 51, South. 877. The court also erred in sustaining demurrer to pleas 6 and 7. — Allen’s case, supra; Yernuille’s case, 156 Ala. 592. On these authorities, it is insisted that the action .of the court ivas injurious to the appellant in respect.to the other pleadings, and in the admission…
1Opinion of the CourtSayre, J.
Parties are still disagreed as to the meaning and effect of sections 4572 and 4579 of the Code, and think some meaning they may have ought to control the *438■decision of this case. In Mutual Life Ins. Co. v. Allen, 166 Ala. 159, 51 South, 877, section 4579 was accepted as meaning that all such agreements between the parties to contracts of insurance as are not plainly expressed in the policy do not bind the parties, though so much of the ■contract as is so expressed remains unaffected by the part not so expressed. In the more recent case of Satterfield v. Fidelity Mutual Life Ins. Co., Infra. 55…
2Cases cited8 opinions
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Price v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1903
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Satterfield v. Fidelity Mutual Life InsuranceSupreme Court of Alabama · 1911
- Hermany v. Fidelity Mut. Life Ass'nSupreme Court of Pennsylvania · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
45 more not listed; retrieve them via the Exa API.