57 Ga. App. 405 | Ga. Ct. App. | 1938
1. The contracting parties in group insurance are primarily the employer and the insurer. Curd v. Travelers Insurance Co., 51 Ga. App. 306, 310 (180 S. E. 249); Johnson v. Metropolitan Life Insurance Co., 52 Ga. App. 759, 763 (3) (184 S. E. 392). “The certificate to the employee is an evidence of his coverage by the master policy. . . The line dividing the three parties to the contract, the employer, employees, and the insurance company, according to their interest and real position in these transactions, puts the employer with the employee as opposed to the insurance company.” Lancaster v. Travelers Ins. Co., 54 Ga. App. 718, 720, 724 (189 S. E. 79). “When procuring the policy, obtaining applications of employees, taking pay-roll deduction orders, reporting changes in the insurance group, paying premiums and generally in doing whatever may serve to obtain and keep the insurance in force, employers act not as agents of the insurer but for their employees or for themselves.” Boseman v. Connnecticut General Life Insurance Co., 301 U. S. 196 (57 Sup. Ct. 686, 81 L. ed. 1036, 110 A. L. R. 732).
2. The petition in the present case, while stating that the superior of the holder of the certificate under a group-insurance policy was an agent of the employer, in alleging that the superior was also the agent of the insurer pleads only a general conclusion, without any facts showing authority from the insurer for him to act as agent, and such conclusion is not admitted on demurrer. The allegations that he was agent for the insurer in collecting premiums and making remittances thereof, after delivering the cer
Judgment affirmed.