Pilot Life Ins. Co. v. McCrary
| Decision Date | 05 April 1961 |
| Docket Number | No. 1,38728,Nos. 38727,s. 38727,1 |
| Citation | 103 Ga.App. 549,120 S.E.2d 134 |
| Parties | PILOT LIFE INSURANCE COMPANY v. McCRARY, Executor. McCRARY, Executor, v. PILOT LIFE INSURANCE COMPANY |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The trial court did not err in striking, on motion in the nature of a general demurrer, the amendment to the defendant's amswer, nor in thereafter overruling the defendant's amended motion for new trial.
W. L. McCrary, as executor of the estate of Carrie S. McCrary, plaintiff, sued Pilot Life Insurance Co., as defendant, to recover on a policy of group life insurance issued by the defendant. The defendant filed an answer in which it denied that the deceased was covered by the policy for reason of certain alleged facts. The plaintiff then amended his petition and sought to plead waiver of such facts, and the defendant filed an amendment in which it alleged fraud on the part of the policyholder, but on motion, in the nature of a general demurrer, by the plaintiff such amendment was ordered stricken. Previously the trial court had overruled the plaintiff's motion, in the nature of a general demurrer, to strike the defendant's original answer. The jury returned a verdict for the plaintiff and thereafter the trial court overruled the defendant's amended motion for new trial. The defendant assigns error on the judgments adverse to it, and in the cross-bill of exceptions the plaintiff assigns error on the judgment overruling his motion to dismiss the defendant's original answer.
Hull, Willingham, Towill & Norman, Walter A. Reiser, Jr., Augusta, for plaintiff in error.
Fulcher, Fulcher, Hagler & Harper, William C. Reed, Augusta, for defendant in error.
The contract of insurance contained the following provisions: The application of the employer, referred to in the contract as the policyholder, was set forth as an exhibit to the pertition and was introduced in evidence and nowhere contained any...
To continue reading
Request your trial
-
Dawes Min. Co., Inc. v. Callahan
...711, 715, 171 S.E. 317 (1933); Cason v. Aetna Life Ins. Co., 91 Ga.App. 323(1), 85 S.E.2d 568 (1954); Pilot Life Ins. Co. v. McCrary, 103 Ga.App. 549, 550 120 S.E.2d 134 (1961); Piedmont Southern Life Ins. Co. v. Gunter, 108 Ga.App. 236, 237, 132 S.E.2d 527 (1963). That court has held that ......
-
United of Omaha Life Ins. Co. v. Sun Life Ins. Co. of America
...Ga.App. 323, 85 S.E.2d 568 (1954) ], supra, and in determining which of its employees are employed full time, Pilot Life v. McCrary [103 Ga.App. 549, 120 S.E.2d 134 (1961) ], supra. These cases are governed by the rule that the employer who obtains a group insurance policy covering its empl......
-
Clements v. Continental Cas. Ins. Co.
...Piedmont Southern Life Insurance Co. v. Gunter, 108 Ga.App. 236, 237, 132 S.E.2d 527, 530 (1963); Pilot Life Insurance Co. v. McCrary, 103 Ga.App. 549, 550, 120 S.E.2d 134, 135 (1961); Cason v. Aetna Life Insurance Co., 91 Ga.App. 323, 331, 85 S.E.2d 568, 572 (1954). Therefore, it appears t......
-
Prudential Insurance Company of America v. Bennett
...status of a deceased employee amounts to knowledge by the insurance company. See in this connection: Pilot Life Insurance Company v. McCrary, Executor, 103 Ga.App. 549, 120 S.E.2d 134; Cason v. Aetna Life Insurance Company, 91 Ga.App. 323, 85 S.E. 2d 568; Equitable Life Assurance Society v.......