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Doubrly v. Carolina Life Insurance

Doubrly v. Carolina Life Insurance Company

Doubrly v. Carolina Life Ins., 198 S.E. 76 (Ga. Ct. App. 1938)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 2, 1938
Docket
No. 26741
Judges
Stephens
Citations
198 S.E. 7658 Ga. App. 1781938 Ga. App. LEXIS 220

Opinion of the Court — Stephens

Text extracted by OCR from a scanned original; check the original for exact wording.

Stephens, P. J.

1. A provision in a life-insurance policy that if the death of the insured, within two years from the date of the issuance of the policy, be caused “by the hands of justice,” the liability of the company shall be “limited to a return of the premiums paid on this policy,” does not void the policy but merely fixes the amount of liability under the policy where the death of the insured is caused in the manner indicated.

2. The receipt and acceptance by the insurer of the premiums on the policy, which were paid weekly, with knowledge by the insurer that the insured had been convicted in court of a capital offense and was under sentence of death to be executed in accordance with law upon a named date, did not amount to a waiver by the insurer of the provision of the policy limiting the amount of benefit to be paid upon the death of the insured at the hands of justice.

3. In a suit against the insurer in which the plaintiff,, as the beneficiary in the policy, sought to recover the amount of the death benefit to be paid on the death of the insured, and not to recover the premiums which had been paid on the policy, where it appeared from the petition that the insured had, within two years after the issuance of the policy, met death at the hands of justice by having been legally executed by electrocution as punishment for conviction of a crime, and where, notwithstanding it may have appeared from the petition that the insurer had knowledge that the insured had been legally convicted of a crime and was under sentence of death to be electrocuted on a named date in the future as punishment therefor, and with such knowledge thereafter accepted the premiums as they became due, the petition failed to set out a cause of action, and the defendant’s demurrer was properly sustained. Judgment affirmed.

Sutton and Felton, JJ., .concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11958: 11966: 11973: 11976: 119542026peak 1954 · 1

Relies on it most ⓘ

  1. Parris & Son, Inc. v. Campbell196 S.E.2d 334 (Ga. Ct. App. 1973)
  2. Ballinger v. C. & S. BANK229 S.E.2d 498 (Ga. Ct. App. 1976)
  3. Allstate Insurance Company v. Walker152 S.E.2d 895 (Ga. Ct. App. 1966)
  4. Reserve Life Insurance Co. v. Ramsey106 S.E.2d 820 (Ga. Ct. App. 1958)
  5. Simmons v. United States120 F. Supp. 641 (E.D. Pa. 1954)

Most recent

  1. Ballinger v. C. & S. BANK229 S.E.2d 498 (Ga. Ct. App. 1976)
  2. Parris & Son, Inc. v. Campbell196 S.E.2d 334 (Ga. Ct. App. 1973)
  3. Allstate Insurance Company v. Walker152 S.E.2d 895 (Ga. Ct. App. 1966)
  4. Reserve Life Insurance Co. v. Ramsey106 S.E.2d 820 (Ga. Ct. App. 1958)
  5. Simmons v. United States120 F. Supp. 641 (E.D. Pa. 1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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