Robertson v. Southland Life Insurance , 130 Ga. App. 807 ( 1974 )

On Motion for Rehearing.

Stolz, Judge.

Appellant urges that this case is controlled by the earlier decision of this court in Parham v. National Relief Assur. Co., 33 Ga. App. 59 (125 SE 519). The two cases have factual distinguishing differences.

In Parham, the policy was dated March 28, 1921, and recited that the insured was insured from 12:00 o’clock noon on that day until 12:00 o’clock noon of May 1,1921, and for such further periods stated in the renewal receipts as the renewal premium of $3.72 per month paid by the insured would maintain the policy in force. It was expressly stated in the application for the policy, which was signed by the insured and attached to the policy and, by the express terms of the policy, and made a part of the insurance contract, that the insurance was not to take effect until the delivery of the policy to the insured. Undisputed evidence showed that delivery of the policy was not made until April 4, 1921, at which time the first monthly premium was paid. The insured was injured on September 3, 1921. This court held that the insured was covered when the inconsistent provisions of the policy were construed in favor of the insured.

In the case before us, the first premium was paid on April 13, 1970, at the time the application was made. The application for insurance, which was made a part of the policy, provided that coverage existed only upon the policy’s being "issued and manually delivered to the Owner and accepted by such Owner . . . and the first premium thereon shall be actually paid to and accepted by the company . . . provided, however, that if at the time of the completion of this application the proposed Insured is insurable, and if the first premium is paid in cash ... at the time of making this application, . . . then the insurance (subject to the provisions of the policy applied for) shall be effective. . .” The application showed on its face the payment of the first premium of $12.38 with the application on April 13, 1970, thus giving the applicant insurance coverage prior to the delivery of the policy.

Motion for rehearing denied. Judgment adhered to.

Eberhardt, P. J., and Panned, J., concur.