150 So. 333 | Ala. | 1933
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. *389