Life & Casualty Ins. Co. of Tennessee v. Womack, 8 Div. 696.

• Decision Date: 03 October 1933
• Docket Number: 8 Div. 696.
• Citation: Life & Casualty Ins. Co. of Tennessee v. Womack, 151 So. 881, 26 Ala.App. 6 (Ala. App. 1933)
• Parties: LIFE & CASUALTY INS. CO. OF TENNESSEE v WOMACK.
• Court: Alabama Court of Appeals

151 So. 881

26 Ala.App. 6

LIFE & CASUALTY INS. CO. OF TENNESSEE v WOMACK.

8 Div. 696.

Court of Appeals of Alabama

October 3, 1933

Rehearing Denied Nov. 7, 1933.

Appeal from Law and Equity Court, Lauderdale County; Orlan B. Hill Judge.

Action on a policy of life insurance by John B. Womack against the Life and Casualty Insurance Company of Tennessee. From a judgment for plaintiff, defendant appeals.

Affirmed.

Certiorari denied by Supreme Court in Life & Casualty Insurance Co of Tennessee v. Womack, 151 So. 880.

Moreau P. Estes, of Nashville, Tenn., for appellant.

H. D. Jones and Fred S. Parnell, both of Florence, for appellee.

SAMFORD Judge.

The plaintiff sues to recover under a policy of life insurance issued by defendant on August 24, 1931, insuring the life of Alice B. Womack, in which policy plaintiff was named as the beneficiary.

The policy was issued and delivered to the insured on August 24 1931, and the premium due was paid, and on September 30 1931, insured died, of which death due proof was made to defendant as required by the policy.

As a part of the contract of insurance were the following conditions: "No obligation is assumed by the company prior to the date hereof, nor unless on said date the assured is alive and in sound health"; and "this policy shall not take effect prior to the date of the same, nor unless the first premium shall have been paid in cash and the contract delivered and accepted during the lifetime and sound health of the insured. And if the insured is not in sound health at the time of the delivery of the policy it shall be void, whether the condition had its origin prior or subsequent to the application for this policy or was not known to insured." There was also in said policy a provision as follows: "Limitation of Insurance, If before the date hereof, the assured has been rejected for insurance by this or any other Company, Order or Association or before said date has had any pulmonary disease, pneumonia, chronic bronchitis, cancer, sarcoma, disease of the heart, liver or kidneys, or if the assured has within two years before the date hereof been attended by a physician for any serious disease or complaint, the Company's liability shall be restricted to the amount equal to the sum of the premiums paid hereon." These provisions as above set out were made the basis for four pleas by way of defense, and tender was made of the amount of the premiums...