120 S.E.2d 134 (Ga.App. 1961), 38727, Pilot Life Ins. Co. v. Mccrary

Docket Nº:38727, 38728.
Citation:120 S.E.2d 134, 103 Ga.App. 549
Opinion Judge:NICHOLS, Judge.
Party Name:PILOT LIFE INSURANCE COMPANY v. McCRARY, Executor. McCRARY, Executor, v. PILOT LIFE INSURANCE COMPANY.
Attorney:The trial court did not err in striking, on motion in the nature of a general demurrer, the amendment to the defendant's amswer, nor in thereafter overruling the defendant's amended motion for new trial., W. L. McCrary, as executor of the estate of Carrie S. McCrary, plaintiff, sued Pilot Life In...
Judge Panel:FELTON, C. J., and BELL, J., concur.
Case Date:April 05, 1961
Court:Court of Appeals of Georgia

Page 134

120 S.E.2d 134 (Ga.App. 1961)

103 Ga.App. 549

PILOT LIFE INSURANCE COMPANY

v.

McCRARY, Executor.

McCRARY, Executor,

v.

PILOT LIFE INSURANCE COMPANY.

Nos. 38727, 38728.

Court of Appeals of Georgia, Division No. 1.

April 5, 1961

Rehearing Denied April 24, 1961.

Syllabus by the Court.

The trial court did not err in striking, on motion in the nature of a general demurrer, the amendment to the defendant's amswer, nor in thereafter overruling the defendant's amended motion for new trial.

W. L. McCrary, as executor of the estate of Carrie S. McCrary, plaintiff, sued Pilot Life Insurance Co., as defendant, to recover on a policy of group life insurance issued by the defendant. The defendant filed an answer in which it denied that the deceased was covered by the policy for reason of certain alleged facts. The plaintiff then amended his petition and sought to plead waiver of such facts, and the defendant filed an amendment in which it alleged fraud on the part of the policyholder, but on motion, in the nature of a general demurrer, by the plaintiff such amendment was ordered stricken. Previously the trial court had overruled the plaintiff's motion, in the nature of a general demurrer, to strike the defendant's original answer. The jury returned a verdict for the plaintiff and thereafter the trial court overruled

Page 135

the defendant's amended motion for new trial. The defendant assigns error on the judgments adverse to it, and in the cross-bill of exceptions the plaintiff assigns error on the judgment overruling his motion to dismiss the defendant's original answer.

Hull, Willingham, Towill & Norman, Walter A. Reiser, Jr., Augusta, for plaintiff in error.

Fulcher, Fulcher, Hagler & Harper, William C. Reed, Augusta, for defendant in error.

NICHOLS, Judge.

The contract of insurance contained the following provisions: 'This policy and the application of the policyholder, which is made a part hereof, shall constitute the entire contract between the parties. The validity of this policy shall not be contested, except for nonpayment of premiums, after it has been in force for one year from its date of issue; no statement made by any person insured under the policy relating [103 Ga.App. 550] to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such...

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6 practice notes
  • 258 F.Supp. 186 (N.D.Ga. 1966), Civ. 9878, Morris v. Mutual Ben. Life Ins. Co.
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Georgia
    • 29 Julio 1966
    ...insurance policy as this, the defendant would not have been successful in denying liability. See Pilot Life Insurance Co. v. McCrary, 103 Ga.App. 549, 120 S.E.2d 134; Equitable Life Assur. Soc. v. Florence, 47 Ga.App. 711, 171 S.E. 317; United States Fidelity & Guaranty Co. v. Newton, 3......
  • 132 S.E.2d 527 (Ga.App. 1963), 40189, Piedmont Southern Life Ins. Co. v. Gunter
    • United States
    • Georgia Court of Appeals of Georgia
    • 8 Julio 1963
    ...of facts which the employer knows. Cason v. Aetna Life Ins. Co., 91 Ga.App. 323, 85 S.E.2d 568; Pilot Life Insurance Company v. McCrary, 103 Ga.App. 549, 120 S.E.2d 134; Washington National Insurance Co. v. Burch, 293 F.2d 365 (5th Cir.). [108 Ga.App. 238] In this case the master policyhold......
  • 272 S.E.2d 267 (Ga. 1980), 36336, Dawes Min. Co., Inc. v. Callahan
    • United States
    • Georgia Supreme Court of Georgia
    • 8 Octubre 1980
    ...711, 715, 171 S.E. 317 (1933); Cason v. Aetna Life Ins. Co., 91 Ga.App. 323(1), 85 S.E.2d 568 (1954); Pilot Life Ins. Co. v. McCrary, 103 Ga.App. 549, 550 120 S.E.2d 134 (1961); Piedmont Southern Life Ins. Co. v. Gunter, 108 Ga.App. 236, 237, 132 S.E.2d 527 (1963). That court has held that ......
  • 294 F.Supp. 1122 (S.D.Ga. 1968), Civ. A. 1395, Prudential Ins. Co. of America v. Bennett
    • United States
    • Federal Cases United States District Courts 11th Circuit Southern District of Georgia
    • 26 Noviembre 1968
    ...employee amounts to knowledge by the insurance company. See in this connection: Pilot Life Insurance Company v. McCrary, Executor, 103 Ga.App. 549, 120 S.E.2d 134; Cason v. Aetna Life Insurance Company, 91 Ga.App. 323, 85 S.E.2d 568; Equitable Life Assurance Society v. Florence, 47 Ga.App. ......
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6 cases
  • 258 F.Supp. 186 (N.D.Ga. 1966), Civ. 9878, Morris v. Mutual Ben. Life Ins. Co.
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Georgia
    • 29 Julio 1966
    ...insurance policy as this, the defendant would not have been successful in denying liability. See Pilot Life Insurance Co. v. McCrary, 103 Ga.App. 549, 120 S.E.2d 134; Equitable Life Assur. Soc. v. Florence, 47 Ga.App. 711, 171 S.E. 317; United States Fidelity & Guaranty Co. v. Newton, 3......
  • 132 S.E.2d 527 (Ga.App. 1963), 40189, Piedmont Southern Life Ins. Co. v. Gunter
    • United States
    • Georgia Court of Appeals of Georgia
    • 8 Julio 1963
    ...of facts which the employer knows. Cason v. Aetna Life Ins. Co., 91 Ga.App. 323, 85 S.E.2d 568; Pilot Life Insurance Company v. McCrary, 103 Ga.App. 549, 120 S.E.2d 134; Washington National Insurance Co. v. Burch, 293 F.2d 365 (5th Cir.). [108 Ga.App. 238] In this case the master policyhold......
  • 272 S.E.2d 267 (Ga. 1980), 36336, Dawes Min. Co., Inc. v. Callahan
    • United States
    • Georgia Supreme Court of Georgia
    • 8 Octubre 1980
    ...711, 715, 171 S.E. 317 (1933); Cason v. Aetna Life Ins. Co., 91 Ga.App. 323(1), 85 S.E.2d 568 (1954); Pilot Life Ins. Co. v. McCrary, 103 Ga.App. 549, 550 120 S.E.2d 134 (1961); Piedmont Southern Life Ins. Co. v. Gunter, 108 Ga.App. 236, 237, 132 S.E.2d 527 (1963). That court has held that ......
  • 294 F.Supp. 1122 (S.D.Ga. 1968), Civ. A. 1395, Prudential Ins. Co. of America v. Bennett
    • United States
    • Federal Cases United States District Courts 11th Circuit Southern District of Georgia
    • 26 Noviembre 1968
    ...employee amounts to knowledge by the insurance company. See in this connection: Pilot Life Insurance Company v. McCrary, Executor, 103 Ga.App. 549, 120 S.E.2d 134; Cason v. Aetna Life Insurance Company, 91 Ga.App. 323, 85 S.E.2d 568; Equitable Life Assurance Society v. Florence, 47 Ga.App. ......
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