195 S.E. 591 (Ga.App. 1938), 26553, Thigpen v. Metropolitan Life Ins. Co.

Docket Nº:26553.
Citation:195 S.E. 591, 57 Ga.App. 405
Party Name:THIGPEN v. METROPOLITAN LIFE INS. CO.
Attorney:L. B. Hartley, and W. K. Miller, both of Augusta, for plaintiff in error. Cohen & Cohen, of Augusta, for defendant in error.
Judge Panel:STEPHENS, P.J., and FELTON, J., concur.
Case Date:March 03, 1938
Court:Court of Appeals of Georgia

Page 591

195 S.E. 591 (Ga.App. 1938)

57 Ga.App. 405

THIGPEN

v.

METROPOLITAN LIFE INS. CO.

No. 26553.

Court of Appeals of Georgia, Second Division

March 3, 1938

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 730 F.Supp. 1120

Syllabus by Editorial Staff.

The contracting parties in group insurance are primarily the employer and insurer, and certificate to employee is evidence of his coverage by master policy.

In group insurance, employer's interest and real position is with the employee as opposed to insurer, and employers act as agents of employees or for themselves, not as insurer's agents, in procuring and maintaining the policy.

In action on group policy, allegations that employee's superior was also insurer's agent for purpose of waiving proof of disability stated a mere conclusion not admitted on demurrer, in absence of allegation of facts showing authority from insurer for him to act as agent.

In employee's action to recover disability benefits under group policy, petition not alleging requisite proof of disability but alleging that employee's superior was insurer's agent in collecting premiums, making remittances, and otherwise, and in assuring employee that claim would be paid after employee had exhibited his body as proof of disability. held demurrable for failure to show that employee's superior was insurer's agent to waive proof of disability.

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Suit by Casey Thigpen, as administrator of the estate of Jettie P. Shelton, deceased, against the Metropolitan Life Insurance Company, to recover disability benefits. To review a judgment dismissing the petition on demurrers, plaintiff brings error.

Affirmed.

Page 592

L. B. Hartley, and W. K. Miller, both of Augusta, for plaintiff in error.

Cohen & Cohen, of Augusta, for defendant in error.

Syllabus OPINION.

SUTTON, Judge.

1. The contracting parties in group insurance are primarily the employer and the insurer. Curd v. Travelers' Insurance Co., 51 Ga.App. 306, 310, 180 S.E. 249; Johnson v. Metropolitan Life Insurance Co., 52 Ga.App. 759, 763(3), 184 S.E. 392. "The certificate to the employee is an evidence of his coverage by the master policy. * * * The line dividing the three parties to the contract, the employer...

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8 practice notes
  • 272 S.E.2d 267 (Ga. 1980), 36336, Dawes Min. Co., Inc. v. Callahan
    • United States
    • Georgia Supreme Court of Georgia
    • October 8, 1980
    ...of the employee. Lancaster v. Travelers Ins. Co., 54 Ga.App. 718, 724-725, 189 S.E. 79 (1936); Thigpen v. Metropolitan Life Ins. Co., 57 Ga.App. 405(1), 195 S.E. 591 (1938); see also Blaylock v. Prudential Ins. Co., 84 Ga.App. 641, 644, 67 S.E.2d 173 (1951). This difference in treatment was......
  • 452 S.E.2d 181 (Ga.App. 1994), A94A1670, Brandon v. Mayfield
    • United States
    • Georgia Court of Appeals of Georgia
    • December 2, 1994
    ...employees ... employers act not as agents of the insurer but for their employees or for themselves.' " Thigpen v. Metropolitan Life, 57 Ga.App. 405(1), 195 S.E. 591 (1938); [cit.]." Dawes, supra 246 Ga. at 534, 272 S.E.2d 267. Page 184 Noting Dawes' defense that Callahan could hav......
  • 85 S.E.2d 568 (Ga.App. 1954), 35120, Cason v. Aetna Life Ins. Co.
    • United States
    • Georgia Court of Appeals of Georgia
    • December 3, 1954
    ...Ga.App. 641, 67 S.E.2d 173; Lancaster v. Travelers Ins. Co., 54 Ga.App. 718, 189 S.E. 79; Thigpen v. Metropolitan Life Insurance Company, 57 Ga.App. 405, 195 S.E. 591. But the older decision, Equitable Life Assurance Society v. Florence, 47 Ga.App. 711, 171 S.E. 317, not reversed and overru......
  • 67 S.E.2d 173 (Ga.App. 1951), 33655, Blaylock v. Prudential Ins. Co. of America
    • United States
    • Georgia Court of Appeals of Georgia
    • October 2, 1951
    ...General Life Insurance Co., 301 U.S. 196, 57 S.Ct. 686, 690, 81 L.Ed. 1036, 110 A.L.R. 732.' Thigpen v. Metropolitan Life Insurance Co., 57 Ga.App. 405, 407, 195 S.E. 591, 592. Under the foregoing evidence and rules of law, the trial court, sitting without a jury, was authorized to find tha......
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8 cases
  • 272 S.E.2d 267 (Ga. 1980), 36336, Dawes Min. Co., Inc. v. Callahan
    • United States
    • Georgia Supreme Court of Georgia
    • October 8, 1980
    ...of the employee. Lancaster v. Travelers Ins. Co., 54 Ga.App. 718, 724-725, 189 S.E. 79 (1936); Thigpen v. Metropolitan Life Ins. Co., 57 Ga.App. 405(1), 195 S.E. 591 (1938); see also Blaylock v. Prudential Ins. Co., 84 Ga.App. 641, 644, 67 S.E.2d 173 (1951). This difference in treatment was......
  • 452 S.E.2d 181 (Ga.App. 1994), A94A1670, Brandon v. Mayfield
    • United States
    • Georgia Court of Appeals of Georgia
    • December 2, 1994
    ...employees ... employers act not as agents of the insurer but for their employees or for themselves.' " Thigpen v. Metropolitan Life, 57 Ga.App. 405(1), 195 S.E. 591 (1938); [cit.]." Dawes, supra 246 Ga. at 534, 272 S.E.2d 267. Page 184 Noting Dawes' defense that Callahan could hav......
  • 85 S.E.2d 568 (Ga.App. 1954), 35120, Cason v. Aetna Life Ins. Co.
    • United States
    • Georgia Court of Appeals of Georgia
    • December 3, 1954
    ...Ga.App. 641, 67 S.E.2d 173; Lancaster v. Travelers Ins. Co., 54 Ga.App. 718, 189 S.E. 79; Thigpen v. Metropolitan Life Insurance Company, 57 Ga.App. 405, 195 S.E. 591. But the older decision, Equitable Life Assurance Society v. Florence, 47 Ga.App. 711, 171 S.E. 317, not reversed and overru......
  • 67 S.E.2d 173 (Ga.App. 1951), 33655, Blaylock v. Prudential Ins. Co. of America
    • United States
    • Georgia Court of Appeals of Georgia
    • October 2, 1951
    ...General Life Insurance Co., 301 U.S. 196, 57 S.Ct. 686, 690, 81 L.Ed. 1036, 110 A.L.R. 732.' Thigpen v. Metropolitan Life Insurance Co., 57 Ga.App. 405, 407, 195 S.E. 591, 592. Under the foregoing evidence and rules of law, the trial court, sitting without a jury, was authorized to find tha......
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