Pacific Mut. L. Ins. v. Shields
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Savannah Shields as the beneficiary named in an accident insurance policy against the Pacific Mutual Life Insurance Company. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Savannah Shields as the beneficiary named in an accident insurance policy against the Pacific Mutual Life Insurance Company. Judgment for plaintiff and defendant appeals. The count was subject to the demurrers assigned. — 89 Cal. 170; 53 N. E. 1035. The court erred in sustaining demurrers to the pleas. — 10 South. 530; 6 South. 143; 75 Wis. 116; 144 Mass. 572. Counsel discuss the charges refused, and the evidence admitted over objection, but cites no other authority than those cited above. Counsel also cites the…
1Opinion of the CourtMayfield, J.
The action is by the beneficiary, upon an insurance policy on the life of one William E. Howard. The complaint is in code form. The beneficiary named in the policy is stated to be the sister of the insured. The policy is not a regular life insurance policy, but is one known as “industrial, health and accident policy.” It, however, contains provisions' for the payment of an amount named in the policy, in case of the death of the insured, upon certain specified conditions. One of these conditions is that the death of the insured must have been caused solely by “external, violent and accidental…
2Cases cited3 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Prattville Cotton Mills Co. v. McKinneySupreme Court of Alabama · 1912
3Cited by7 opinions
- Clary v. CasselsSupreme Court of Alabama · 1952
- Travelers' Ins. Co. v. WhitmanSupreme Court of Alabama · 1918
- Chicago, R. I. & G. Ry. Co. v. BentleySupreme Court of Oklahoma · 1914
- Bankers Fire & Marine Insurance v. Contractors Equipment Rental Co.Supreme Court of Alabama · 1963
- Peters v. StateAlabama Court of Appeals · 1915
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