American Nat. Ins. Co. v. Wright
Supreme Court of Alabama
Appeal from Circuit Court, Etowah. County; W. J. Martin, Judge. Action by Mrs. J. A. Wright against the American National Insurance Company oh a life insurance certificate issued to Mollie Belle Glaze, in which plaintiff is named as beneficiary. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Etowah. County; W. J. Martin, Judge. Action by Mrs. J. A. Wright against the American National Insurance Company oh a life insurance certificate issued to Mollie Belle Glaze, in which plaintiff is named as beneficiary. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 499, § 6. The following are the pleas referred to in the opinion: (2) Bor further answer to the complaint the defendant says that the insured made a written application to it for the issuance of said policy, and in said application she stated that her…
1Opinion of the CourtGardner, J.
[1] Action upon a life insurance policy. The cause was tried before the court without a jury, and judgment rendered for plaintiff. Among other defenses the defendant interposed plea 2, setting-up-fraudulent representation on the part of the insured, as set forth in the application for insurance, concerning the condition of her health. This plea did not aver that the defendant acted or relied upon such representations in the issuance of the policy, nor did the plea contain an equivalent of such averment — this’ being left wholly to inference. Demurrer to this plea was sustained.
That it must…
2Cases cited9 opinions
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Georgia Home Insurance v. WartenSupreme Court of Alabama · 1896
- Moses v. Katzenberger & SonsSupreme Court of Alabama · 1887
- Heinlein v. Imperial Life InsuranceMichigan Supreme Court · 1894
- Wall v. GrahamSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Hartford Fire Ins. Co. v. ClarkSupreme Court of Alabama · 1952
- Tarrant Land Co. v. Palmetto Fire Ins. Co.Supreme Court of Alabama · 1930
- American Nat. Ins. Co. v. RosebroughSupreme Court of Alabama · 1922
- Accident Ins. Department of Order of Railway Conductors of America v. BrooksSupreme Court of Alabama · 1926
2 more not listed; retrieve them via the Exa API.