Atlantic Mutual Life Ins. Co. v. Gannon

• Decision Date: 17 June 1901
• Citation: 179 Mass. 291,60 N.E. 933
• Parties: ATLANTIC MUT. LIFE INS. CO. v. GANNON et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

179 Mass. 291

60 N.E. 933

ATLANTIC MUT. LIFE INS. CO. v. GANNON et al.

Supreme Judicial Court of Massachusetts, Franklin.

June 17, 1901

COUNSEL

Rockwood Hoar and James F. Timon, for Annie Gannon.

Edward J. McMahon and John B. Scott, for Mary J. Helena and others.

OPINION

KNOWLTON J.

The policy on the life of the assured was made payable to a beneficiary who was not otherwise a party to the contract and who paid no part of the premium. By the terms of the policy, the beneficiary might be changed by the assured with the consent of the company. The beneficiary had no vested interest in the policy during the lifetime of the assured. May, Ins. (3d Ed.) § 399, note; Holland v. Taylor, 111 Ind. 121, 12 N.E. 116; Martin v. Stubbings, 126 Ill. 387, 18 N.E. 657; Association v. Montgomery, 70 Mich. 587, 38 N.W. 588. The language of the contract in regard to the change of the beneficiary is as follows 'The beneficiary named herein may be substituted at any time at the written request of the assured, but any such change, to be valid, must have the consent of the association.' A general provision as to changes of the contract was in these words: 'Any change or modification of this contract will not be valid unless signed by president, secretary, or treasurer of this association.' The only question in the case is whether there was a change and substitution of beneficiary by the assured, with the consent of the association. The answer to this question depends on whether we construe the quoted provision broadly and liberally, or narrowly and strictly. The assured made an assignment of the policy, for a valuable consideration, to one who was her creditor for a large amount, and her nearest relative. This assignment was made on a printed blank furnished for the purpose by the association. The correspondence between the representative of the assured and the secretary of the company...