Parham v. National Relief Assur. Co.

• Decision Date: 13 November 1924
• Docket Number: 15781.
• Citation: 125 S.E. 519,33 Ga.App. 59
• Parties: PARHAM v. NATIONAL RELIEF ASSUR. CO.
• Court: Georgia Court of Appeals

125 S.E. 519

33 Ga.App. 59

PARHAM v. NATIONAL RELIEF ASSUR. CO.

No. 15781.

Court of Appeals of Georgia, First Division

November 13, 1924

Syllabus by the Court.

Under the facts of the case, the plaintiff was entitled to recover and the direction of the verdict in favor of the defendant was error.

Additional Syllabus by Editorial Staff.

Where there is conflict between provisions of policy, those most favorable to insured control.

Error from Superior Court, Bibb County; H. A. Mathews, Judge.

Action by J. H. Parham against the National Relief Assurance Company. Judgment for defendant, and plaintiff brings error. Reversed.

Ryals & Anderson, of Macon, for plaintiff in error.

R. D Feagin, of Macon, for defendant in error.

BROYLES C.J.

This is a suit upon an accident policy. The policy was dated March 28, 1921, and recited that the insured was insured from 12 o'clock noon on that day until 12 o'clock noon of May 1, 1921, and for such further periods stated in the renewal receipts as the renewal premium of $3.72 per month paid by the insured would maintain the policy in force. The policy further provided as follows:

"Strict compliance with all of the provisions and requirements is a condition precedent to recovery hereunder, and failure in any respect shall forfeit to the company all right to any indemnity. * * * The payment of the past-due premium shall not continue the insurance in force beyond the next succeeding renewal date. * * * Acceptance of any renewal premium shall be optional with the company. * * * No agent has authority to change this policy or to waive any of its provisions. No change in this policy shall be valid unless approved by an executive officer of the company and such approval be entered thereon. * * * If default be made in the payment of the agreed premium for this policy the subsequent acceptance of a premium by the company or by any of its duly authorized agents shall reinstate the policy, but only to cover accidental injury thereafter sustained. * * * Premiums are due in advance as stipulated in the policy or renewal receipts, and must be so paid."

It was expressly stated, however, in the application for the policy, which was signed by the insured and attached to the policy and, by the express terms of the policy, made a part of the insurance contract, that the insurance was not to take effect until the delivery of the policy to the insured.

The undisputed...