HAMNER v. BRADLEY

6 Div. 851-A.

270 So.2d 81 (1972)

Ruby B. HAMNER v. D. G. BRADLEY.

Supreme Court of Alabama.

Rehearing Denied November 22, 1972.


Attorney(s) appearing for the Case

Henley & Northington, Northport, for appellant.

Bradley, Arant, Rose & White, Hobart A. McWhorter, Jr., and Frank M. Young, III, Birmingham, for appellee.


COLEMAN, Justice.

Plaintiff appeals from a voluntary non-suit induced by the ruling of the trial court sustaining defendant's demurrer to the complaint. The question for decision is whether the complaint states a cause of action.

The substance of count one is as follows: Defendant is employed by an insurance company. In 1967, plaintiff applied for a hospitalization insurance policy which was issued under date of November 2, 1967. The insurer paid a prior claim...

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