58 Ga. App. 37 | Ga. Ct. App. | 1938
1. The law of this State expressly requires a contract of life insurance to be in writing. Code, §§ 56-801, 56-911. “While by the express provisions of the statute (Civil Code, § 2470) [Code of 1933, § 56-801] delivery of a policy of insurance is not necessary if, in other respects, the contract is consummated, the contract of insurance is not completed until the minds of the parties meet upon the essential elements, and the contract is not binding until it is reduced to writing.” (Citing.) John Hancock Mutual Life Ins. Co. v. Ludwick, 45 Ga. App. 631 (2) (165 S. E. 918).
2. “Where, pending mere negotiations for a policy of insurance, the person on whose life it might or might not have been written dies, the company is not liable on the proposed policy simply because it accepted premiums in advance on the supposition that the policy would be issued.” (Citing.) McGlothin v. U. S. National Life &c. Co., 36 Ga. App. 325 (3) (136 S. E. 535).
3. “It is unnecessary to plead general 'customs or usages of which the court will take judicial notice; but to invoke a custom or usage relating to a particular trade or locality, distinct pleading is necessary. [Citing.]” Electric City Lbr. Co. v. New York U. Ins. Co., 43 Ga. App. 355, 357 (158 S. E. 620).
5. The petition in the present case not alleging the trade custom which counsel for the plaintiff sought to establish by the defendant’s witness, its assistant manager, the court did not err in refusing to permit counsel for the plaintiff to propound the question “inquiring as to the trade custom in insurance business in such matters, and asking him whether it were not true that where insurance premiums are paid in advance in such industrial-insurance matters, and the insured dies pending consideration of the application or notification of the applicant relative to the decision of the company thereupon, or within the length of time for which the premiums might constitute payment, and'if the applicant were in good or acceptable health at the time of making the application and paying the premiums, the insurance company was liable for the payment of the amount of insurance applied for on which the premium had been paid in advance as aforesaid.”
6. The appellate division of the municipal court of Atlanta did
Judgment affirmed.