Hipp v. Fidelity Mutual Life Insurance
Supreme Court of Georgia
Action on insurance policy. Before Judge Little. Muscogee superior court. June 23, 1906. On May 17, 1904, the Fidelity Mutual Life Insurance Company issued a policy of insurance upon the life of Glenn H. Ilipp, recited to be of Macon, Bibb County, Georgia. It was made payable to his mother, or, if he survived her, to his administrators, executors, or assigns.
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Action on insurance policy. Before Judge Little. Muscogee superior court. June 23, 1906. On May 17, 1904, the Fidelity Mutual Life Insurance Company issued a policy of insurance upon the life of Glenn H. Ilipp, recited to be of Macon, Bibb County, Georgia. It was made payable to his mother, or, if he survived her, to his administrators, executors, or assigns. It was declared that the contract was made for' the term of six years, and renewable thereafter at the option of the insured, in consideration of the written application and the payment in advance of $67.40 upon the delivery of the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
This case presents the following controlling questions: (1) Did the policy of insurance take effect? (2) If so, did the failure to pay the first of the notes given in lieu of the cash premium required by the policy work a forfeiture? (3) Did the sickness of the insured at the time when the note fell due, and continuing until his death, excuse a failure to pay it and thus prevent a termination of the policy? (4) Did the fact that the note was not payable in bank but was sent for collection through bank, and that no notice was given to the insured personally,…
2Cases cited6 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Bank of Commerce v. New York Life InsuranceSupreme Court of Georgia · 1906
- Sullivan v. Connecticut Indemnity Ass'nSupreme Court of Georgia · 1897
- National Life Ass'n v. BrownSupreme Court of Georgia · 1898
- Griggs v. SwiftSupreme Court of Georgia · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Penn Mutual Life Insurance v. MiltonSupreme Court of Georgia · 1925
- New England Mut. Life Ins. Co. v. ReynoldsSupreme Court of Alabama · 1928
- Reynolds v. Travelers Insurance Co.Washington Supreme Court · 1934
- Mitchiner v. Union Central Life InsuranceSupreme Court of Georgia · 1937
27 more not listed; retrieve them via the Exa API.