Pence v. Mutual Ben. Life Ins. Co.

CourtSupreme Court of Alabama
Writing for the CourtANDERSON, J.
Citation61 So. 817,180 Ala. 583
Decision Date17 April 1913
PartiesPENCE v. MUTUAL BENEFIT LIFE INS. CO.

61 So. 817

180 Ala. 583

PENCE
v.
MUTUAL BENEFIT LIFE INS.
CO.

Supreme Court of Alabama

April 17, 1913


Appeal from Law and Equity Court, Marengo County; Edward J. Gilder, Judge.

Action by Eliza A. Pence against the Mutual Benefit Life Insurance Company. From a judgment for defendant, plaintiff appeals. Affirmed.

J.M. Miller, of Linden, for appellant.

John R. Tyson, of Montgomery, and William Cunninghame, of Linden, for appellee.

ANDERSON, J.

Form 12, p. 1196, of the Code of 1907, provides, among other things, that, in actions upon a policy of life insurance, the plaintiff should aver the term of the policy or the period covered by same. In other words, the complaint should aver that the policy covered the life of the insured or a certain number of years, so as to show that it included the date of the insured's death. Count 2 of the present complaint, while averring that the defendant insured the life of Chas. C. Pence, does not show that the said policy was for the term of his natural life, or that it covered any fixed or definite number of years. From aught that appears the defendant may have insured the life of said Chas. C. Pence for a period which expired before his death. This count is not only not in Code form, but is identical with the one held bad in the case of United States Co. v. Veitch, 161 Ala. 630, 50 So. 95. Nor does it conform to count 3, which was held to come up to the Code form in the case of Patterson v. Grand Lodge of K. of P., 162 Ala. 430, 50 So. 377.

Count 3 is little better than count 2 and does not conform to form No. 12. It does say that the defendant "insured the life of Chas. C. Pence in a life insurance policy of 14 annual premiums"; but this does not show that the said policy covered the date of the insured's death. It does not show that the policy covered the period of 14 years from the date of its issuance, or that it covered the natural life of the insured or any definite number of years. He may have taken out a policy with premiums payable in 14 annual premiums, but which did not necessarily cover the 14 years succeeding the issuance of same.

On the other hand, if said count 3 means that the policy was for a term of 14 years, then it would be identical with count 1, which was held good, and the trial court would not be reversed for sustaining a demurrer to same, as the plaintiff could get the full benefit thereof under said good count 1.

The judgment of the law and equity court is...

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9 practice notes
  • National Life & Accident Ins. Co. v. Hannon, 3 Div. 679.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...that the pleading may show whether or not death occurred pending the life of the policy. Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 584, 61 So. 817; Eminent Household Columbian Woodmen v. Gallant, 194 Ala. 681, 69 So. 884; Sov. Camp W. O. W. v. Ward, 196 Ala. 327, 71 So. 404; Locomotive Eng......
  • Western Assur. Co. v. Hann, 6 Div. 511
    • United States
    • Supreme Court of Alabama
    • December 20, 1917
    ...Co. v. Veitch, 161 Ala. 630, 50 So. 95; U.S. Health, etc., Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mut. Bene. Life, etc., Co., 180 Ala. 583, 61 So. 817) need not be determined, as the court in its general charge to the jury fully and explicitly stated to them that the fire which o......
  • Sovereign Camp of W. O. W. v. Ward, 3 Div. 215
    • United States
    • Supreme Court of Alabama
    • February 10, 1916
    ...Eminent Household, etc., v. Gallant, 69 So. 884; U.S.H. & A. Ins. Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mutual, etc., Co., 180 Ala. 583, 61 So. 817; U.S.H. & A. Ins. Co. v. Veitch, 161 Ala. 630, 50 So. 95. The complaint was not subject to the demurrers directed against it. The c......
  • Sovereign Camp, W.O.W., v. Gunn, 7 Div. 32.
    • United States
    • Supreme Court of Alabama
    • January 21, 1932
    ...52 Ala. 538. The decisions in the cases of U.S. H. & A. Co. v. Veitch, 161 Ala. 630, 50 So. 95, and Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 583, 61 So. 817, cited by appellant, are not now in point, as they were rendered when form 12, page 1196, of the Code of 1907, was the form of compl......
  • Request a trial to view additional results
9 cases
  • National Life & Accident Ins. Co. v. Hannon, 3 Div. 679.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...that the pleading may show whether or not death occurred pending the life of the policy. Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 584, 61 So. 817; Eminent Household Columbian Woodmen v. Gallant, 194 Ala. 681, 69 So. 884; Sov. Camp W. O. W. v. Ward, 196 Ala. 327, 71 So. 404; Locomotive Eng......
  • Western Assur. Co. v. Hann, 6 Div. 511
    • United States
    • Supreme Court of Alabama
    • December 20, 1917
    ...Co. v. Veitch, 161 Ala. 630, 50 So. 95; U.S. Health, etc., Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mut. Bene. Life, etc., Co., 180 Ala. 583, 61 So. 817) need not be determined, as the court in its general charge to the jury fully and explicitly stated to them that the fire which o......
  • Sovereign Camp of W. O. W. v. Ward, 3 Div. 215
    • United States
    • Supreme Court of Alabama
    • February 10, 1916
    ...Eminent Household, etc., v. Gallant, 69 So. 884; U.S.H. & A. Ins. Co. v. Savage, 185 Ala. 232, 64 So. 340; Pence v. Mutual, etc., Co., 180 Ala. 583, 61 So. 817; U.S.H. & A. Ins. Co. v. Veitch, 161 Ala. 630, 50 So. 95. The complaint was not subject to the demurrers directed against it. The c......
  • Sovereign Camp, W.O.W., v. Gunn, 7 Div. 32.
    • United States
    • Supreme Court of Alabama
    • January 21, 1932
    ...52 Ala. 538. The decisions in the cases of U.S. H. & A. Co. v. Veitch, 161 Ala. 630, 50 So. 95, and Pence v. Mutual Ben. L. Ins. Co., 180 Ala. 583, 61 So. 817, cited by appellant, are not now in point, as they were rendered when form 12, page 1196, of the Code of 1907, was the form of compl......
  • Request a trial to view additional results

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