Legal Opinion
O'Bar v. Southern Life Health Ins. Co.
Supreme Court of Alabama
Decided April 9, 1936No. 7 Div. 372PublishedCited by 49 opinions
1Opinion of the Court
FOSTER, Justice.
This is an action for double indemnity as provided for in a policy of insurance. Defendant admitted liability for single indemnity and filed a plea of tender and brought the amount of it into court. By .consent of the parties, a judgment was rendered for plaintiff for the amount so tendered. This would, without more, be an end of the litigation. Hanson v. Todd, 95 Ala. 328, 10 So. 354; Gardner v. Black, 98 Ala. 638, 12 So. 813.
But after the rendition of that judgment by consent, the parties proceeded to try the case on an agreement to plead in short by consent. Such a plea…
2Cases cited25 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Taliaferro v. Travelers' Protective Ass'n of AmericaCourt of Appeals for the Eighth Circuit · 1897
- Fidelity & Casualty Co. of New York v. Stacey's Ex'rsCourt of Appeals for the Fourth Circuit · 1906
20 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Shirley v. ShirleySupreme Court of Alabama · 1954
- American Mut. Liability Ins. Co. v. Agricola FurnaceSupreme Court of Alabama · 1938
- Rowe v. StateSupreme Court of Alabama · 1943
- Willard v. KelleySupreme Court of Oklahoma · 1990
- Aetna Life Insurance Company v. BeasleySupreme Court of Alabama · 1961
44 more not listed; retrieve them via the Exa API.