Inter-Ocean Cas. Co. v. Ervin
| Decision Date | 11 October 1934 |
| Docket Number | 4 Div. 769. |
| Citation | 229 Ala. 312,156 So. 844 |
| Parties | INTER-OCEAN CASUALTY CO. v. ERVIN. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
Action on a policy of accident and health insurance by Joel Ervin against the Inter-Ocean Casualty Company. From a judgment for plaintiff, defendant appeals.
Transferred from Court of Appeals under section 7326, Code of 1923.
Affirmed.
J. T Jackson, of Dothan, for appellant.
Beck & Yarbrough, of Enterprise, for appellee.
The action was to recover the death benefit under a policy of accident and health insurance. On the trial the court gave the affirmative charge, with hypothesis, for plaintiff.
The substantial issue was presented under plea 4, and special replication thereto.
Plea 4 among other things, relies upon a misrepresentation in the application saying: "Neither my hearing nor vision is impaired." In fact the insured was deaf and dumb. The replication, on which issue was joined, recited:
The evidence, without dispute, disclosed that the insured, a negro woman, Mary Jane Ervin, could not read or write, neither could her brother, the plaintiff and beneficiary; that the soliciting agent of the insurer filled out the application in the presence of both; that the brother informed the agent the applicant was deaf and dumb; that answers to questions were given through the brother, he and his sister using sign language; that neither of them had any knowledge that the agent inserted in or failed to strike from the application the clause relied upon by defendant.
It is fully settled in this jurisdiction that misrepresentations resulting solely from the act or...
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Jersey Ins. Co. v. Roddam, 6 Div. 199
...such was not the case. But be that as it may, in this jurisdiction we have long followed a contrary view. In Inter-Ocean Casualty Co. v. Ervin, 229 Ala. 312, 313, 156 So. 844, 845, this court, speaking through the late Mr. Justice Bouldin to a somewhat analogous question, declared: 'It is f......
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National Life & Acc. Ins. Co. v. Allen
...issuing the insurance acts on the application as presented and without knowledge of the agent's misfeasance. Inter-Ocean Casualty Company v. Ervin, 229 Ala. 312, 156 So. 844; Jersey Insurance Company v. Roddam, 256 Ala. 634, 56 So.2d Here, it was undisputed that the insured could not read, ......
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State Farm Mut. Auto. Ins. Co. v. Newell
...jury question was presented. See: Life & Casualty Ins. Co. of Tennessee v. Crow, 231 Ala. 144, 147, 164 So. 83; Inter-Ocean Casualty Co. v. Ervin, 229 Ala. 312, 313, 156 So. 844. We see no need to enter into an extended discussion of any question as to ratification by defendant of the oral ......
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United Sec. Life Ins. Co. v. St. Clair
...issuing the insurance acts on the application as presented and without knowledge of the agent's misfeasance. Inter-Ocean Casualty Company v. Ervin, 229 Ala. 312, 156 So. 844; Jersey Insurance Company v. Roddam, 256 Ala. 634, 56 So.2d Counsel for appellant further argues, under this assignme......