34 S.E.2d 583 | Ga. Ct. App. | 1945
1. Where a copy of the insurance policy is attached to and made a part of the petition, and the petition alleges that "the said policy is in full force and effect," such an allegation is equivalent to alleging, among other things, that the premiums had been paid.
2. The petition here alleged that the policy in question was in full force and effect, and was not subject to the demurrer, "that it is nowhere alleged that all premiums have been paid . . and an allegation to that effect is a necessary requisite."
3. The words "accidentally slipped," as used in the petition, imply the happening by chance of an undesigned and involuntary event, which, in this case, in the connection in which it is used, is an allegation that "bodily injury" resulted therefrom, and which, we think, brings the event within the terms of the policy. The petition was not subject to general demurrer on the ground that it does not allege that the disability was caused by "bodily injury" and not by disease.
2. The defendant next contends by his general demurrer that, "it was incumbent upon the plaintiff in this case to allege that her disability was caused by bodily injury, that is, accidental injury, and not by disease. The plaintiff in this case must not only allege disability but must connect that disability with a bodily injury." There is no merit in this contention that the "bodily injury" is in no way connected with the "accidental slipping" which allegedly caused the injury complained of. The words "accidentally slipped," as used in the petition, imply the happening by chance of an undesigned and involuntary event which, in this case, it is alleged, resulted in a bodily injury, and which, we think, brings the event within the terms of the policy. Richards v. Travelers' Inc. Co.,
Judgment reversed. Broyles, C. J., and Gardner, J., concur.