Thigpen v. Metro. Life Ins. Co, 26553.

• Decision Date: 03 March 1938
• Docket Number: No. 26553.,26553.
• Citation: 195 S.E. 591,57 Ga.App. 405
• Parties: THIGPEN. v. METROPOLITAN LIFE INS. CO.
• Court: Georgia Court of Appeals

57 Ga.App. 405

195 S.E. 591

THIGPEN.

v.METROPOLITAN LIFE INS. CO.

No. 26553.

Court of Appeals of Georgia, Division No. 2.

March 3, 1938.

Syllabus by Editorial Staff.

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.

Casey Thigpen, as administrator of the estate of Jettie P. Shelton, deceased, brought suit against Metropolitan Life Insurance Company to recover certain disability benefits under a group policy issued on May 1, 1930, to Harbison-Walker Company and Harbison-Walker Mining Company, under which group policy it was alleged a certificate of insurance was issued to Shelton, an employee of the Harbison Companies. The petition as amended had attached to it exhibits which showed that in case of injury due proof was required to be furnished the insurance company within one year after the termination of the insurance. It was alleged that the premiums required of Shelton were all paid to one H. L. Counts, the agent of the insurer, the amounts being deducted by the employer from wages due him, and Counts being in the employ of the Harbison Companies; that on June 18, 1931, the said Shelton was totally and permanently disabled while loading a railway car for his employer, and in June, 1931, made due proof by exhibiting his body, immediately after being injured, and from time to time as demanded, to Counts, the agent of the corporations, the employers, and the insurance company, and that Counts, in June, 1931, and as often thereafter as desired, examined the body of Shelton and saw that he was injured and disabled as alleged, and unable to do anything but exhibit his body to Counts, who was the agent of the Harbison Companies, and was also the agent of the insurance company to consummate the insurance contract by delivering the certificate to Shelton and having him accept the same and agree to pay the required premiums and by Counts' collecting the same from Shelton which Counts remitted to pay for the insurance and protection pledged Shelton, making reports to the Harbison Companies in writing and to the insurance company as to the injury received, and that Counts, as agent of the insurer, waived all furtherproof of injury and assured Shelton that he had done all that was required of him and would be paid by the insurance company the amounts of monthly installments to which he was entitled under the certificate; that the company, however, failed to make payment to him, although Counts had assured him that the forty monthly installments of $26.24 due him would be paid, and that Shelton, being an ignorant negro, believed and relied on such...