Eisenberg v. Soc

• Decision Date: 14 January 1925
• Docket Number: (No. 15399.)
• Citation: 126 S.E. 265,33 Ga.App. 350
• Parties: EISENBERG et al. v. HEBRAH GEMILUTH HESED SOC.
• Court: Georgia Court of Appeals

33 Ga.App. 350

126 S.E. 265

EISENBERG et al.

v.HEBRAH GEMILUTH HESED SOC.

(No. 15399.)

Court of Appeals of Georgia, Division No. 1.

Jan. 14, 1925.

(Syllabus by the Court.)

Where a policy of insurance is capable of being construed in two ways, the construction which is most favorable to the insured will be adopted.

(Additional Syllabus by Editorial Staff.)

Bloodworth, J., dissenting.

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

Action by Fredericka Eisenberg and others against the Hebrah Gemiluth Hesed Society. Judgment for defendant, and plaintiffs bring error. Reversed.

David S. Atkinson, of Savannah, for plaintiffs in error.

Aaron Kravitch and Meyer L. Cherkas, both of Savannah, for defendant in error.

BROYLES, C. J. [1] It is well settled that if a policy of insurance is capable of being construed in two ways, that interpretation must be placed upon it which is most favorable to the insured. Massachusetts Benefit Life Association v. Robinson, 104 Ga. 256 (2), 30 S. E. 918, 42 L. R. A. 261.

In the instant case the constitution and by-laws of the defendant society constitute the policy of insurance. Section 5 of article XIII provides that—

"The death benefit of a deceased member, when in good standing, as hereinafter specified, and if not disqualified by article XII, section 2, or otherwise, shall be two hundred ($200) dollars. * * * The words 'in good standing, ' as hereinbefore or hereinafter used, shall be held to mean only those members who shall have paid all current dues * * * due or payable to the society at the time of his death." (Italics ours.)

Article XII, section 2, refers to the payment of "weekly benefits" only, and is immaterial in the instant case.

Sections 1 and 2 of article XV are as follows:

"Section 1. Any member of this society who owes $2.00 or over shall be in arrears and so remain until same is paid, and as long as a member is in arrears * * * he is not entitled to any sick, mourning, death benefit or funeral expenses.

"Sec. 2. When a member becomes in arrears he must pay all dues and fines in full, and he does not become in good standing until fifteen days after his payment is read by the financial secretary at a regular meeting of the Society."

There being an apparent conflict between the provisions of the two articles quoted, as to when a member is "in good standing, " the construction most favorable to the insured must be adopted. While the undisputed evidence showed that the deceased member was in arrears as to his current dues to the amount of $2, shortly before his death, and that he died...