Benefit Ass'n Ry. Employees v. Bray
Supreme Court of Alabama
1Opinion of the Court
FOSTER, Justice.
This is an action on a policy of health insurance with provision for monthly payment of premiums by the paymaster of insured’s employer. There was a controversy as to whether the paymaster made the payments for several months prior to February 2, 1931, when insured contracted pneumonia, and was sick until April 10, 1931, or longer. There was an issue for the jury on that question.
But defendant pleaded (No. 8) what it 'called a set-off, but it was more properly recouppaent, claiming the amount of certain monthly premiums, alleged to be unpaid. The court sustained demurrer to…
2Cases cited8 opinions
- Union Central Relief Ass'n v. JohnsonSupreme Court of Alabama · 1916
- Equitable Life Assur. Soc. of the U.S. v. RobertsSupreme Court of Alabama · 1932
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Pennsylvania Casualty Co. v. PerdueSupreme Court of Alabama · 1910
- Olezene v. Eagle Life Ins. Co.Louisiana Court of Appeal · 1928
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3Cited by7 opinions
- Blue Cross-Blue Shield of Alabama v. ColquittAlabama Court of Appeals · 1964
- Blue Cross-Blue Shield v. JacksonAlabama Court of Appeals · 1965
- Blue Cross-Blue Shield of Alabama v. CraigCourt of Civil Appeals of Alabama · 1970
- Powell v. Liberty Industrial Life Ins. Co.Louisiana Court of Appeal · 1941
- Legg v. Fortis Ins. Co.Court of Civil Appeals of Alabama · 2007
2 more not listed; retrieve them via the Exa API.