Norwich Union Fire Insurance v. Prude
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. This was an action by (x. O. Prude, Sr., as next friend of several minor children, plaintiffs, against the Insurance Company and the complaint is in the following language: “The plaintiff claims of the defendant the sum of $600, the value of a dwelling house, which the defendant, on the 16th day of March, 1904, insured against loss or injury by fire and other perils of the policy of insurance mentioned,…
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. This was an action by (x. O. Prude, Sr., as next friend of several minor children, plaintiffs, against the Insurance Company and the complaint is in the following language: “The plaintiff claims of the defendant the sum of $600, the value of a dwelling house, which the defendant, on the 16th day of March, 1904, insured against loss or injury by fire and other perils of the policy of insurance mentioned, for the term of one year, which house was wholly destroyed by fire on to-wit, the 19th day of March, 1904, of Avhich the…
1Opinion of the CourtAnderson, J.
The complaint avers that the policy was “payable to the estate of Lucy A. Prude, deceased.” If that be true, those entitled to the estate would be the beneficiaries. It is true the complaint avers that the plaintiffs are the heirs and next of kin of the deceased and are the real beneficiaries. If the policy was payable to the estate, then the heirs and next of kin would not, as such, be the beneficiaries, except upon the condition *300that the deceased died intestate and has no personal representative, or else there are. no debts and no need for one, or the property was exempt from administration…
2Cases cited4 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Hendricks v. ThorntonSupreme Court of Alabama · 1871
3Cited by11 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Home Ins. Co. of New York v. Campbell Motor Co.Supreme Court of Alabama · 1933
- &198tna Ins. Co. v. KoonceSupreme Court of Alabama · 1936
- Prine v. American Central Ins.Supreme Court of Alabama · 1911
- Union Ins. Soc. of Canton v. SudduthSupreme Court of Alabama · 1925
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