U.S. Health & Acc. Co. v. Veitch

• Court: Alabama Supreme Court
• Writing for the Court: MAYFIELD, J.
• Citation: U.S. Health & Acc. Co. v. Veitch, 50 So. 95, 161 Ala. 630 (Ala. 1909)
• Decision Date: 10 June 1909
• Parties: UNITED STATES HEALTH & ACCIDENT CO. v. VEITCH.

50 So. 95

161 Ala. 630

UNITED STATES HEALTH & ACCIDENT CO. v. VEITCH.

Supreme Court of Alabama

June 10, 1909

Appeal from City Court of Bessemer; Wm. Jackson, Judge.

Action by Mrs. Mary B. Veitch against the United States Health &amp Accident Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

G. F Goodwyn, for appellant.

Bush &amp Bush, for appellee.

MAYFIELD J.

The complaint was evidently intended to be in Code form, and declared upon a policy of life insurance (Code 1907, vol. 2 p. 1196, § 5382, form 12). It was as follows: "Complaint in the City Court of Bessemer. Mary B. Veitch, Plaintiff, v. United States Health & Accident Company, a Body Corporate, Defendant. The plaintiff claims of the defendant seven hundred dollars due on a policy, whereby the defendant on the 12th day of April, 1907, insured the life of Richard C. Veitch, who died on the 21st day of November, 1907, of which the defendant has had notice. Said policy is the property of the plaintiff. [ Signed] Bush & Bush, Attys. for Plaintiff."

The complaint was insufficient, in that it did not specify the time for which the life in question was insured, nor otherwise show that death resulted during the life of the policy. This much was necessary, because the Code form contains such allegations or averments. The complaint declares upon a policy of life insurance, while the policy or contract of insurance introduced in evidence was not a life insurance policy at all. It was a "health and accident insurance policy," an entirely different contract from the one declared on; and, not being the contract declared on, it was, of course, not...