Mattox v. New England Mutual Life Insurance
Court of Appeals of Georgia
Action on insurance policy; from city court of Elberton — Judge W. D. Tutt. January 23, 1920. This was a suit on a policy of insurance upon the life of George W. Mattox.
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Action on insurance policy; from city court of Elberton — Judge W. D. Tutt. January 23, 1920. This was a suit on a policy of insurance upon the life of George W. Mattox. Only the following portions of the application and the supplementary application for the policy are material: (а) “I further agree that said policy shall be void if within five years from its date I shall engage in military service in time of war without the written consent of the company previously obtained.” (б) “I hereby agree that any policy issued by the company on this application shall contain or have attached thereto…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) Conceding, but not deciding, that the court’s judgment upon the demurrers to the defendant’s plea was correct, we nevertheless think the judgment for the defendant was the only possible legal adjudication of the case. The controlling question is as to the proper construction of the “ war clause ” attached to the policy of insurance sued upon. Counsel for the plaintiff contend, in effect, that under that clause the beneficiary of the insured was entitled to recover the full value of the policy, upon the death of the insured in military service, without the…
2Cited by16 opinions
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- Grigsby v. HOUSTON FIRE & CASUALTY INSURANCE COMPANYCourt of Appeals of Georgia · 1966
- Bradshaw v. Farmers & Bankers Life InsuranceSupreme Court of Kansas · 1920
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