Mutual Life Ins. Co. of New York v. Lovejoy
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, as administrator of the estate of W. C. Lovejoy, against tlie Mutual Life Insurance Company of New York on a life insurance policy. Judgment for plaintiff, and defendant appeals. There was but one count which declared upon the policy, setting the same out in full.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, as administrator of the estate of W. C. Lovejoy, against tlie Mutual Life Insurance Company of New York on a life insurance policy. Judgment for plaintiff, and defendant appeals. There was but one count which declared upon the policy, setting the same out in full. The following is the reinstatement clause of the policy: Unless it shall have been surrendered for its cash value, this policy may be reinstated at any time within three years from date of default in payment of any premium, upon evidence of…
1Opinion of the CourtMayfield, J.
This is the second appeal
in this case. See report of case on former appeal, 201 Ala. 337, 78 South. 299, L. R. A. 1918D, 860, for statement of case.
The record on this appeal differs from that on the former to the extent that the agreement in the application for reinstatement is now shown to be a part of the policy in such manner and form as to meet the requirements of section 4579 of the Code, as construed in Gee’s Case, 171 Ala. 435, 55 South. 166; Satterfield’s Case, 171 Ala. 429, 55 South. 200; and Allen’s Case, 174 Ala. 511, 56 South. 568.
[1] The reinstatement of the policy or contract of…
2Cases cited7 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Insurance v. AllenSupreme Court of Alabama · 1911
- Silliman v. International Life InsuranceTennessee Supreme Court · 1914
- Satterfield v. Fidelity Mutual Life InsuranceSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- New York Life Insurance v. BuchbergMichigan Supreme Court · 1930
- Kennedy v. Occidental Life InsuranceCalifornia Supreme Court · 1941
- Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
- Kahn v. Continental Casualty Co.Illinois Supreme Court · 1945
- Greenberg v. Continental Casualty Co.California Court of Appeal · 1938
28 more not listed; retrieve them via the Exa API.