Penn Mutual Life Insurance v. Childs

Grice, Justice.

The basis of the controversy is the assertion on the part of Childs of a claim against the insurance company for payments for disability under a clause in the policy, and the insistence on the part of the company is that it is not liable to the plaintiff therefor, because, first, the insurance contract was obtained by fraud; and second, that the insured is not in fact disabled. The petition shows on its face that a suit is pending in the civil court of Eulton County, brought by Childs against the company, seeking judgment, to which the company has filed the defenses indicated…