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John Hancock Mut. Life Ins. Co. v. Suttles

Court: Alabama Court of Appeals
Date filed: 1934-10-30
Citations: 158 So. 904, 26 Ala. App. 296
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1 Citing Case
Lead Opinion
*297RICE, Judge.

As Bricken, Presiding Judge, pertinently and correctly observed, in the opinion for this court in the case of Jordan’s Mut. Aid Ass’n v. Asberry, 154 So. 120, 121,1 “It is the law * * * that, when an insurance company denies liability on one specific ground alone, it thereby waives all other defenses.” See Travelers’ Ins. Co. v. Plaster, 210 Ala. 607, 98 So. 909, and Maryland Casualty Co. v. Terry, 24 Ala. App. 172, 133 So. 303.

In the instant case there seems no dispute but that appellee made claim as for permanent disability benefits, under the policy, and that her claim, was denied on the sole ground that she was not “wholly and permanently disabled." This operated to fix the defenses •available to appellant at this one.

Testimony pro and eon was introduced on the issue raised by the claim made and this denial. The jury, upon ample evidence, found in appellee’s favor on same.

All other questions urged, in view of the principle of law we have quoted, seem to us to become unimportant. They will not be considered. But see Prudential Insurance Company of America v. Gilbreath M. Gray, 230 Ala. 1, 159 So. 265.

The judgment appealed from is affirmed.

Affirmed.

Ante, p. 105.