Pence v. Mutual Ben. Life Ins. Co.

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

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.

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9 cases
  • National Life & Accident Ins. Co. v. Hannon
    • United States
    • Alabama Supreme Court
    • October 23, 1924
    ... ... 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 ... ...
  • Sovereign Camp of W. O. W. v. Ward
    • United States
    • Alabama Supreme Court
    • February 10, 1916
    ... ... THOMAS, ... In a ... suit on a life insurance contract, the complaint must show ... that the ... Gallant, 69 So ... 884; U.S.H. & A. Ins. Co. v. Savage, 185 Ala. 232, ... 64 So. 340; Pence v ... ...
  • Western Assur. Co. v. Hann
    • United States
    • Alabama Supreme Court
    • December 20, 1917
    ... ... Girard ... F. & M. Ins. Co., 63 Minn. 305, 65 N.W. 635, 30 L.R.A. 346, ... 56 ... v ... Savage, 185 Ala. 232, 64 So. 340; Pence v. Mut ... Bene. Life, etc., Co., 180 Ala. 583, 61 So ... ...
  • Sovereign Camp, W.O.W., v. Gunn
    • United States
    • Alabama Supreme Court
    • January 21, 1932
    ... ... Action ... on a policy or certificate of life insurance by Katherine R ... Gunn against the Sovereign ... grounds of demurrer directed to them. Brooklyn Life Ins ... Co. v. Bledsoe, 52 Ala. 538 ... The ... Co. v ... Veitch, 161 Ala. 630, 50 So. 95, and Pence v. Mutual ... Ben. L. Ins. Co., 180 Ala. 583, 61 So. 817, ... ...
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