Marbut v. Empire Life Ins. Co

• Decision Date: 10 July 1915
• Docket Number: (No. 431.)
• Citation: Marbut v. Empire Life Ins. Co, 85 S.E. 834, 143 Ga. 654 (Ga. 1915)
• Parties: MARBUT. v. EMPIRE LIFE INS. CO.
• Court: Georgia Supreme Court

85 S.E. 834

143 Ga. 654

MARBUT.

v.EMPIRE LIFE INS. CO.

(No. 431.)

Supreme Court of Georgia.

July 10, 1915.

(Syllabus by the Court.)

Error from Superior Court, Fulton County; George L. Bell, Judge.

Action by M. B. Marbut against the Empire Life Insurance Company. Judgment for defendant, and plaintiff brings error. Affirmed.

Hewlett, Dennis & Whitman, of Atlanta, for plaintiff in error.

Little, Powell, Smith & Goldstein, of Atlanta, for defendant in error.

HILL, J. Milton B. Marbut procured a policy of insurance from the Empire Life Insurance Company, known as "double indemnity insurance." The policy, so far as considered material, is as follows:

"Empire Life Insurance Company, Atlanta, Georgia, by this policy of insurance agrees to pay one thousand ($1,000.00) dollars at the home office of the company in Atlanta, Georgia, as follows: [The beneficiary] to John Isaac Marbut (father), or, if the insured survives the aforesaid beneficiary, to the executors, administrators, or assigns of the insured, immediately on approval of proofs of the death of the insured during the continuance of this contract [The insured] Milton B. Marbut of Lithonia, county of De Kalb, state of Georgia. Guaranteed double indemnity. The company guarantees to pay under this policy: (1) Two thousand ($2,000.00) dollars death by accident. (2) One thousand ($1,000.00) dollars death by other cause. (3) One thousand ($1,000.00) dollars total disability, payable in ten equal annual installments. (4) One thousand ($1,-000.00) dollars death of beneficiary. * * * (B) During the premium-payment period, subject to the limitations hereinafter stated, if the principal contract is in force, if the name of a person over 21 and under 60 years of age is stated as the beneficiary Hereunder, then in the event of the death of said beneficiary during the life of the insured, while this policy is in force, being caused, independently of any and all other causes, by bodily injury effected exclusively and directly by external and violent and accidental means, and occurring within ninety days of the event causing such injury, and provided such injury is sustained while riding as a passenger in or on a place provided for the regular occupancy of passengers in a railway train or street car propelled by cable or compressed air or electricity or gasoline or naphtha or steam and provided by a common carrier for the regular transportation of passengers only, or while riding on an elevator provided for passenger service, immediately upon the receipt and approval of proofs of death of said beneficiary, the com-pany will pay to the insured Milton B. Marbut the sum of one thousand ($1,000.00) dollars."

The plaintiff, Milton B. Marbut, brought suit against the insurer, and alleged, so far as material to be set out here, substantially as follows: The beneficiary named in the policy, John Isaac Marbut, died on July 20, 1913, of paralysis, and immediately after his death the plaintiff notified the defendant of the fact, and...