Bankers' Credit Life Ins. Co. v. Ayres
Decision Date | 08 October 1931 |
Docket Number | 7 Div. 64. |
Citation | 223 Ala. 407,137 So. 23 |
Parties | BANKERS' CREDIT LIFE INS. CO. v. AYRES. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Clay County; E. P. Gay, Judge.
Action on a policy of life insurance by Dollie Ayers against the Bankers' Credit Life Insurance Company. From a judgment for plaintiff, defendant appeals.
Transferred from Court of Appeals.
Reversed and remanded.
Harsh & Harsh, of Birmingham, for appellant.
A. L Crumpton, of Ashland, for appellee.
Pending the application for the policy of insurance here sued upon and before payment of premium or delivery of the policy, the insured became sick; had an attack of "flu," developing into pneumonia.
Meantime the application had been approved and policy sent to the Lineville National Bank, "Premium Collecting Agency" for the insurer, or to J. H. Ingram, president of the bank, for delivery upon payment of the premium.
The insured grew critically ill. His wife, the beneficiary, sent friends to Mr. Ingram with the money to pay the premium and receive the policy. The premium was paid, the policy delivered, and the insured died the night following.
While Mr. Ingram's version is that he had received the money and delivered the policy before learning of the sickness of the insured, the version of the messengers sent by Mrs. Ayres is that he accepted payment of the premium and delivered the policy after being informed that the insured was then "seriously sick." For the purposes of this opinion this version will be taken as true. We further take it that knowledge of the insured being seriously sick is the equivalent of knowledge that he is not in sound health within the meaning of the life insurance contracts.
The policy stipulates:
The application, made part of the contract, stipulates:
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