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OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA v. TEMPLETON

39841.

107 Ga. App. 322 (1963)

130 S.E.2d 168

OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA v. TEMPLETON, Executrix.

Court of Appeals of Georgia.

Rehearing Denied February 8, 1963.

Attorney(s) appearing for the Case

Fulcher, Fulcher, Hagler & Harper, J. Walker Harper, for plaintiff in error.

Jeff D. Curry, Randall Evans, Jr., contra.

NICHOLS, Presiding Judge.

1. The plaintiff's petition alleged that the policy of insurance was issued on February 15, 1954, and that on December 3, 1954, the insured assigned the policy to the plaintiff. There was no allegation that the policy was in full force and effect or a direct allegation that the policy had been delivered to the insured. In support of its oral motion to dismiss the petition the defendant contends that in the absence of such allegations or in...

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