Eminent Household of Columbian Woodmen v. Gallant, 725

CourtSupreme Court of Alabama
Writing for the CourtANDERSON, C.J.
Citation194 Ala. 680,69 So. 884
Decision Date14 October 1915
Docket Number725
PartiesEMINENT HOUSEHOLD OF COLUMBIAN WOODMEN v. GALLANT.

69 So. 884

194 Ala. 680

EMINENT HOUSEHOLD OF COLUMBIAN WOODMEN
v.

GALLANT.

No. 725

Supreme Court of Alabama

October 14, 1915


Appeal from Circuit Court, Etowah County; J.E. Blackwood, Judge.

Action by J.A. Gallant as administrator of the estate of William H. Lee, deceased, against the Eminent Household of Columbian Woodmen, upon a benevolent covenant or life policy. Judgment for plaintiff and defendant appeals. Affirmed.

The complaint is as follows:

"Plaintiff, who sues as administrator of the estate of William H. Lee, deceased, claims of defendant $2,000, due on a policy, whereby defendant, on August 17, 1909, insured for a term of five years, or for life, the life of William H Lee, who died on January 12, 1914, of which defendant has had notice. Said policy is the property of plaintiff."

McCord & Davis, of Gadsden, for appellant.

Hood & Murphree, of Gadsden, for appellee.

ANDERSON, C.J.

While the Code form for a complaint upon life insurance policies is brief and simple, it requires that the period covered by the policy and the date of death be set out, in order that it may show that death occurred pending the life of the policy. U.S. Company v. Veitch, 161 Ala. 630, 50 So. 95; Pence v. Mutual Benefit Co., 180 Ala. 583, [69 So. 885.]

61 So. 817. The complaint here substantially follows the Code form, but charges in the alternative that the policy was for five years or for life, and gives the date of the death of the insured during the five years after the issuance of the policy. It therefore showed that the policy was in existence when the insured died. It may have been bad for being in the alternative and for not being definite as to the one or the other, but this particular defect was not pointed out by the defendant's demurrer

The defendant interposed many special pleas, which may be grouped into two classes: First, misrepresentations and warranties in procuring the policy; and, second, conduct or habits of the insured in violation of the constitution and by-laws of the order, and which would operate as a forfeiture by him of the insurance. The pleas under the first class, to which demurrers were sustained, were defective, as those which set up that the defendant was a "secret benevolent" order, so as to except the contract from the influence of section 4572 under the terms of section 4562 of the Code of 1907, failed to show a forfeiture under the terms of the policy as provided by the...

To continue reading

Request your trial
7 practice notes
  • Sovereign Camp, W.O.W. v. Reed, 7 Div. 240.
    • United States
    • Alabama Supreme Court
    • November 16, 1922
    ...requested in writing by the defendant. Count 4 was not subject to the grounds of demurrer assigned. Eminent Household, etc., v. Gallant, 194 Ala. 680, 69 So. 884. Count 5 was likewise free from demurrer assigned. Sovereign Camp v. Ward, 196 Ala. 327, 330, 71 So. 404. These counts, added by ......
  • National Life & Accident Ins. Co. v. Hannon, 3 Div. 679.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...of the policy. Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 584, 61 So. 817; Eminent Household Columbian Woodmen v. Gallant, 194 Ala. 681, 69 So. 884; Sov. Camp W. O. W. v. Ward, 196 Ala. 327, 71 So. 404; Locomotive Eng., etc., Ass'n v. Hughes, 201 Ala. 58, 77 So. 352. In Ex parte Comm. Life ......
  • Allen v. Standard Ins. Co., 6 Div. 341
    • United States
    • Supreme Court of Alabama
    • November 16, 1916
    ...v. Dean, 184 Ala. 673, 62 So. 94; Massachusetts Mut. L.I. Co. v. Crenshaw, 186 Ala. 460, 65 So. 65; Eminent Household, etc., v. Gallant, 69 So. 884. These insurance statutes are given liberal construction in favor of the insured. Knights of Maccabees v. Gillespie (App.) 71 So. 67; Metropoli......
  • Sovereign Camp of W. O. W. v. Ward, 3 Div. 215
    • United States
    • Supreme Court of Alabama
    • February 10, 1916
    ...contract, the complaint must show that the liability accrued within the period covered by the policy. Eminent Household, etc., v. Gallant, 69 So. 884; U.S.H. & A. Ins. Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mutual, etc., Co., 180 Ala. 583, 61 So. 817; U.S.H. & A. Ins. Co. v. Veit......
  • Request a trial to view additional results
7 cases
  • Sovereign Camp, W.O.W. v. Reed, 7 Div. 240.
    • United States
    • Alabama Supreme Court
    • November 16, 1922
    ...requested in writing by the defendant. Count 4 was not subject to the grounds of demurrer assigned. Eminent Household, etc., v. Gallant, 194 Ala. 680, 69 So. 884. Count 5 was likewise free from demurrer assigned. Sovereign Camp v. Ward, 196 Ala. 327, 330, 71 So. 404. These counts, added by ......
  • National Life & Accident Ins. Co. v. Hannon, 3 Div. 679.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...of the policy. Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 584, 61 So. 817; Eminent Household Columbian Woodmen v. Gallant, 194 Ala. 681, 69 So. 884; Sov. Camp W. O. W. v. Ward, 196 Ala. 327, 71 So. 404; Locomotive Eng., etc., Ass'n v. Hughes, 201 Ala. 58, 77 So. 352. In Ex parte Comm. Life ......
  • Allen v. Standard Ins. Co., 6 Div. 341
    • United States
    • Supreme Court of Alabama
    • November 16, 1916
    ...v. Dean, 184 Ala. 673, 62 So. 94; Massachusetts Mut. L.I. Co. v. Crenshaw, 186 Ala. 460, 65 So. 65; Eminent Household, etc., v. Gallant, 69 So. 884. These insurance statutes are given liberal construction in favor of the insured. Knights of Maccabees v. Gillespie (App.) 71 So. 67; Metropoli......
  • Sovereign Camp of W. O. W. v. Ward, 3 Div. 215
    • United States
    • Supreme Court of Alabama
    • February 10, 1916
    ...contract, the complaint must show that the liability accrued within the period covered by the policy. Eminent Household, etc., v. Gallant, 69 So. 884; U.S.H. & A. Ins. Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mutual, etc., Co., 180 Ala. 583, 61 So. 817; U.S.H. & A. Ins. Co.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT