CONTINENTAL ASSURANCE CO. v. ROTHELL

26014.

227 Ga. 258 (1971)

181 S.E.2d 283

CONTINENTAL ASSURANCE COMPANY v. ROTHELL.

Supreme Court of Georgia.

Decided January 7, 1971.

Rehearing Denied February 15, 1971.


Attorney(s) appearing for the Case

Gambrell, Russell, Moye & Killorin, E. Smythe Gambrell, Charles A. Moye, Jr., Sewell K. Loggins, for appellant.

V. D. Stockton, Robert B. Struble, for appellee.


ALMAND, Chief Justice.

Jewell Rothell is the beneficiary under a life insurance policy issued by Continental Assurance Company, on the life of her husband, Ralph D. Rothell. As beneficiary, she is seeking to recover the sum of $5,000 claimed to be due for his accidental death benefits under the terms of the policy.

The insurer, in its denial of the material allegations of the complaint asserted that, "plaintiff had not met the provisions of the accidental...

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