Atlanta Life Ins. Co. v. Bolden

BROWN, Justice.

Action of assumpsit by the beneficiary on a policy of life insurance against the insurer to recover the face amount of the policy with interest averred to be “due” thereon. The complaint follows, substantially, Form 12, prescribed by Section 9531 of the Code, and the demurrer thereto was overruled without error. American Nat. Ins. Co. v. Moss, 215 Ala. 542, 112 So. 110.

The defense asserted by the special pleas is that the insured forfeited the protection afforded by the policy by the failure to pay the premiums due after September 16, 1935, in consequence of which the policy…