Jegglin v. Sovereign

• Citation: 216 S.W. 815,202 Mo. App. 367
• Decision Date: 01 December 1919
• Docket Number: No. 13045.,13045.
• Parties: JEGGLIN v. SOVEREIGN CAMP, WOOMEN OF THE WORLD.
• Court: Court of Appeal of Missouri (US)

216 S.W. 815

202 Mo. App. 367

JEGGLIN v. SOVEREIGN CAMP, WOOMEN OF THE WORLD.

No. 13045.

Kansas City Court of Appeals. Missouri.

December 1, 1919.

Appeal from Circuit Court, Cooper County; Jack G. Slate, Judge.

Action by A. E. Jegglin against Sovereign Camp, Woodmen of the World. Judgment for plaintiff, and defendant appeals. Affirmed.

Roy D. Williams, of Boonville, for appellant.

Charles W. Journey and W. F. Johnson, both of Boonville, for respondent.

TRIMBLE, J.

This is an action on a fraternal beneficiary certificate of insurance issued by the defendant on the 24th day of December, 1912, upon the life of Albert Jegglin, Jr., whose father, the plaintiff herein, is the beneficiary. Insured died on the 8th of June, 1917. Defendant refused to pay the insurance, and thereupon this suit was brought. A jury was waived, and the case was submitted to the court upon an agreed statement of facts and certain documentary evidence offered by the respective parties. The court, over defendant's demurrer to the evidence, found for plaintiff and rendered judgment accordingly. Defendant appealed.

At the time the policy was issued, insured lived in Missouri and was engaged in the occupation of a common laborer. Afterwards, he went to the state of Montana and there engaged in the business of mining. While in Montana, he continued to pay his dues through his brother, William Jegglin, to the clerk of the local camp in Missouri, of which the insured was a member. Said brother, in 1915, notified the said clerk that insured was employed as a miner in Montana, and in 1916 he again informed said clerk that insured was so employed. Insured, through his brother, continued to pay his dues at the rate required of a common laborer up to the date of his death, but no different or higher rate was paid by or for him, nor was any different or higher rate demanded.

Under the defendant's by-laws, mining was one of those occupations classed as hazardous; and it was provided that, if a member engaged in any such hazardous occupation, "he shall within 30 days notify the clerk of the camp of such changes of occupation, and while so engaged in such occupation shall pay on each assessment thirty cents for each one thousand dollars of his beneficiary certificate in addition to the regular rate"; failing to do this, such member would stand suspended and the certificate be null and void. As stated, deceased's brother attended to the payment of dues for him and notified the clerk of the local camp that insured was engaged in mining, but no additional dues for the increased hazard were paid or demanded. The defense is based upon insured's engagement in such hazardous occupation and his failure to pay the additional 30 cents required therefor. Plaintiff meets this defense by saying that defendant waived these matters.

"Section 69 of the constitution and by-laws provides that

"Sec. 69. No officers, employés or agents of the Sovereign Camp, or any camp, has the power, right or authority to waive any of the conditions upon which beneficiary certificates are issued, or to change, vary or waive, any of the provisions of this constitution by these laws, nor shall any number of camps, with or without the knowledge of any Sovereign officer, have the effect of so changing, modifying or foregoing such laws or requirements. Each and every beneficiary certificate is issued only upon the conditions stated in and subject to the constitution and laws, then in force or thereafter enacted. The constitution and laws of Sovereign Camp, Woodmen of the World, now in force, or which may hereafter be enacted, by-laws of the camp now in force or which may be hereafter enacted, the application and certificate shall constitute a part of the beneficiary contract between this society and the member."

And in the Laws of...