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Nevels v. Detroiter Mobile Homes, Inc.

Court of Appeals of Georgia, Division No. 3

June 25, 1969

Lewis O. NEVELS
v.
DETROITER MOBILE HOMES, INC. et al.

Rehearing Denied July 10, 1969.

Certiorari Denied Sept. 9, 1969.

Page 717

Hughes & Hughes, Edward T. Hughes, Camilla, for appellant.

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Williston C. White, Atlanta, for appellees.

Syllabus Opinion by the Court

HALL, Judge.

This was a suit by the beneficiary of an employee's group insurance policy against the employer and insurer to recover the accidental death benefit. The plaintiff appeals from a summary judgment for the defendants.

[120 Ga.App. 61] The policy provided: 'Termination of insurance * * * The individual's insurance under the policy shall terminate at the earliest time indicated below: * * * (2) Upon termination of employment as hereafter defined. Cessation of active work shall be deemed termination of employment, * * * At the option of the policyholder the insurance of the individual may be continued during a temporary lay-off, or * * * may be continued during an authorized leave of absence granted by the policyholder for reasons other than sickness or injury but not beyond the end of the limited period specified in the group policy.' The accidental death coverage provided: 'No benefits shall be paid for * * * any loss unless the accident causing such loss occurred while the individual was insured hereunder; * * *.'

The employee was killed in an automobile accident on October 13, 1967. With their motion for summary judgment the defendants submitted an affidavit by the employer's general manager stating that the employee was discharged and ceased active work for the company on September 23, 1967, and did not return to active work before his death, and was not carried on the company records as 'temporarily laid off' or absent by reason of 'an authorized leave of absence' granted by the company. The plaintiff beneficiary submitted his own affidavit stating that an individual other than the person making that affidavit was manager during the time the employee worked for the company, and 'based on information and belief which the deponent believes to be true,' that the employee was not discharged. The plaintiff's affidavit ...


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