National Union Fire Ins. Co. v. O'Rear
Alabama Court of Appeals
Appeal from Circuit Court, Winston County ; T. L. Sowell, Judge. Assumpsit by W. B. O’Rear against the National Union Fire Insurance Company. Judgment for plaintiff, and defendant appeals. Count 1 was in Code form.
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Appeal from Circuit Court, Winston County ; T. L. Sowell, Judge. Assumpsit by W. B. O’Rear against the National Union Fire Insurance Company. Judgment for plaintiff, and defendant appeals. Count 1 was in Code form. Count 2 is as follows: Plaintiff avers that at the time of the issuance of the policy of insurance mentioned in count 1, and subsequently thereto, and before the time of trial, said defendant belonged to or was a member of a tariff association, and plaintiff claims of defendant the other and further sum of 25 per cent, penalty of the amount proven to be due plaintiff under said…
1Opinion of the CourtSamford, J.
[1] The first count of the complaint was in substantial compliance with the Code form, and was sufficient, and the second count, claiming for the statutory penalty, was sufficient to put the defendant on notice that the penalty wasi demanded, and was not subject to the demurrer interposed.
[2] The defendant, by his pleas 5 and 6, attempts to set up a breach of warranty and misrepresentations as to physical condition of the property in the application for the insurance. Demurrers to these pleas were properly sustained. Providence Ins. Co. v. Pruett, 141 Ala. 688, 37 South. 700; Mutual Benefit…
2Cases cited4 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Providence Savings Life Assurance Society v. PruettSupreme Court of Alabama · 1904
- Mutual Benefit Life Insurance v. LehmanSupreme Court of Alabama · 1902
3Cited by1 opinion
- Commercial Credit Co. v. MacHtIndiana Court of Appeals · 1929