Morgan v. Prudential Ins. Co. of America
Supreme Court of Alabama
Appeal from Circuit Court, Pike County; A. B. Poster, Judge. Action on life insurance policies by Lockard H. Morgan and others against the Prudential Insurance Company of America. •Judgment for defendant, and plaintiffs appeal. The beneficiaries had a vested interest, which could not be defeated without their consent, save by a lapse in the payment of premiums for such time as would consume the entire loan value. 25 Cyc. 889; (Tex.
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Appeal from Circuit Court, Pike County; A. B. Poster, Judge. Action on life insurance policies by Lockard H. Morgan and others against the Prudential Insurance Company of America. •Judgment for defendant, and plaintiffs appeal. The beneficiaries had a vested interest, which could not be defeated without their consent, save by a lapse in the payment of premiums for such time as would consume the entire loan value. 25 Cyc. 889; (Tex. Sup.) 17 S. W. 617, 14 L. K. A. 278; 138 N. Y. 333, 34 N. E. 211, 20 L. R. A. 620, 34 Am. St. Rep. 456; 84 Vt. 350, 79 Atl. 997, 35 L. R. A. (N. S.) 844 ; 58 Ala.…
1Opinion of the CourtThomas, J.
This suit was instituted against the Prudential Life Insurance Company by the beneficiaries named in the policies of insurance on the life of Sallie B. Morgan. Defendant filed several pleas, and to the special pleas 6 and 7 plaintiff demurred. The case was submitted to the trial judge on an agreed statement of facts and the demurrers interposed to the special pleas. Judgment was rendered overruling the demurrers, and final judgment was for the defendant.
The question presented is whether the beneficiaries named in the insurance policies are bound by the acts of the insured in obtaining loans…
2Cases cited9 opinions
- Northwestern Mutual Life Insurance v. McCueSupreme Court of the United States · 1912
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Union Central Relief Ass'n v. JohnsonSupreme Court of Alabama · 1916
- Drake v. StoneSupreme Court of Alabama · 1877
- Leeker v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kilby Car & Foundry Co. v. Georgia Casualty Co.Supreme Court of Alabama · 1923
- Fourth Nat. Bank v. WoolfolkSupreme Court of Alabama · 1929
- Sears v. Illinois Indemnity Co.California Court of Appeal · 1932
- Royal Neighbors of America v. FortenberrySupreme Court of Alabama · 1926
- National Life Accident Ins. Co. v. CollinsSupreme Court of Alabama · 1943
6 more not listed; retrieve them via the Exa API.