Ivie v. International Life Ins. Co.

• Citation: 217 Ala. 559,117 So. 176
• Decision Date: 24 May 1928
• Docket Number: 6 Div. 142
• Parties: IVIE v. INTERNATIONAL LIFE INS. CO.
• Court: Alabama Supreme Court

117 So. 176

217 Ala. 559

IVIE v. INTERNATIONAL LIFE INS. CO.

6 Div. 142

Supreme Court of Alabama

May 24, 1928

Appeal from Circuit Court, Walker County; Ernest Lacy, Judge.

Action by Bertha Ivie against the International Life Insurance Company on a contract of insurance. Plaintiff suffers a nonsuit and appeals from adverse rulings on pleading. Affirmed.

J.J Curtis and J.M. Pennington, both of Jasper, and Leo H. Pou of Mobile, for appellant.

Bankhead & Bankhead, of Jasper, for appellee.

SAYRE J.

Plaintiff (appellant) sought to recover money alleged to be due on a policy or oral contract of insurance on the life of her husband. From a judgment overruling plaintiff's demurrers to special pleas and sustaining defendant's demurrers to the several special replications plaintiff suffered a nonsuit and appeals, as provided by section 6431 of the Code.

The questions represented for adjudication may be understood without a detailed statement of the pleadings.

In count 1 plaintiff adopted the Code form in substance. Form 12, Code § 9531. Other counts held good by the trial court declared on a verbal contract of insurance entered into on behalf of defendant by its agent duly authorized. Special pleas 3, 4, and 5, demurrers to which were overruled, allege:

That the insured applied to defendant for a policy of life insurance in the following terms:

"(a) No statement, information, or agreement, made or given by or to the person soliciting or taking this application or by or to any other person, shall be binding on the company, unless reduced to writing, and then only if presented to and approved by the executive officers of the company at its home office.

"(b) Every statement herein made and in my answers to medical examiners is true, and that no information affecting the insurance sought has been withheld.

"(c) The insurance herein applied for shall not be in effect until the premium has been paid in full and the policy delivered to me during my lifetime and good health, but the policy shall bear the date of its issuance and all future premiums shall become due on such policy date and all policy values and extended insurance shall be computed therefrom provided that, if the premium be paid with this application in full in cash, as distinguished from note or other form of settlement, then in that event, and provided insurance is issued as applied for at the premium rate stated herein, such insurance shall be in force from the date of the unconditional approval of the completed application by the company's medical director, and the first policy year shall, unless otherwise requested, begin from the date of such approval.

"(d) If the premium be paid with this application, such payment is made subject to the conditions in receipt hereto attached.

"(e) All declarations herein made and my statements to the medical examiners, together with the policy, shall constitute the entire contract between the parties thereto.

"(f) My acceptance of any policy issued on this application will, without further notice, constitute a ratification by me of any additions or amendments to this application made by the company in the space provided for 'additions or amendments' referred to in question No. 8 above, photographic copy of which constitutes sufficient notice to me of the change made."

That:

"The receipt issued by the agent of the defendant to plaintiff at the time the application for a policy of life insurance was made by plaintiff was as follows:

"This receipt not valid for single premium, nor for more than first year's premium on any policy, nor in excess of a premium on $50,000 of insurance; void unless settlement described herein corresponds exactly with settlement as described on face of application of corresponding serial number.

"Received from ______, this the ______ day of ______ 19____, an application for insurance on h____ life for $______, on

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