DocketNumber: 7 Div. 204.
Citation Numbers: 150 So. 333, 227 Ala. 387
Judges: THOMAS, Justice.
Filed Date: 10/12/1933
Status: Precedential
Modified Date: 1/11/2023
The assignments of error on appeal are from a judgment overruling the demurrers to the complaint.
Since the adoption of form 12, § 9531, Code 1923, facts indicated for a count declaring on a policy of insurance are sufficient. Sovereign Camp, W. O. W., v. Gunn,
While Form 12 is designated as for a declaration upon a life insurance policy, it is held applicable to other insurance contracts, with the required necessary averment thereof. That is, a complaint averring the essential facts, in like general terms, is sufficient. The effect of the averments contained in the instant complaint is compliance with the rules of pleading in the premises. Police Firemen's Ins. Ass'n v. Crabtree,
The change from form 12, § 5382, page 1196 of the Code of 1907, to that of form 12, § 9531, vol. 4, page 502, Code of 1923, by dropping the words "for the term of __________ years," and that it was "not now necessary to aver the time that the policy was to run," will be noted. Inter-Ocean Casualty Co. v. Foster,
It results that there was no error in the ruling assigned as error, and the judgment of the circuit court is therefore affirmed.
Affirmed.
ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur. *Page 389
Dovel v. National Life Ins. Co. , 229 Ala. 378 ( 1934 )
Sovereign Camp, W. O. W. v. Harris , 228 Ala. 417 ( 1934 )
Inter-Ocean Casualty Co. v. Anderson , 245 Ala. 534 ( 1944 )
Inter-Ocean Insurance Company v. Banks , 268 Ala. 25 ( 1958 )
AETNA LIFE INSURANCE COMPANY INC. v. Hare , 47 Ala. App. 478 ( 1972 )
All States Life Ins. Co. v. Kelso , 29 Ala. App. 310 ( 1940 )
American Bankers' Ins. Co. v. O'Neal , 25 Ala. App. 559 ( 1933 )