National Life & Accident Insurance v. Lokey
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Evelyn Lokey against the National Life & Accident Insurance Company, upon a policy of insurance. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Evelyn Lokey against the National Life & Accident Insurance Company, upon a policy of insurance. Judgment for plaintiff and defendant appeals. The demurrers to the complaint should have been sustained. — Insurance Co. v. Bledsoe, 52 Ala. 538. The court erred in sustaining demurrer to the several pleas interposed by the defendant. . The word, voluntary, is not in the contract. —■Bherlin v. A. M. A. Assn., 68 N. W. 866; Smith v. Aetna L. I. Co., 88 N. Y. 368; see also 115 la. 217; 56 L. R. A. 271; 91 Am. St. Rep.…
1Opinion of the CourtSayre, J.
It seems entirely clear to us that there was not tenable objection to the first count of the complaint. It followed the form laid down in the Code as for an action on a policy of life insurance, and stated a cause of action.—Insurance Company v. Bledsoe, 52 Ala. 538. If the evidence developed a case arising on a policy of accident insurance, that raised a question, we hardly need to say, to be reached otherwise than by demurrer. Nor does counsel for appellant contend for anything different. The contention in the brief is that there was error in that action of the court by which it allowed the…
2Cases cited8 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Life Insurance Company of Georgia v. MillerSupreme Court of Alabama · 1974
- Maryland Casualty Co. v. McCallumSupreme Court of Alabama · 1917
- Tyler v. Insurance Company of North America, Inc.Supreme Court of Alabama · 1976
23 more not listed; retrieve them via the Exa API.