Eggleston v. Centennial Mut. Life Ass'n of Burlington, Iowa
| Decision Date | 21 September 1883 |
| Citation | 18 F. 14 |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | EGGLESTON and another v. CENTENNIAL MUTUAL LIFE ASS'N OF BURLINGTON, IOWA. [1] |
Geo. D Reynolds, for plaintiffs.
Davis & Davis and Newman & Blake, for defendant.
This case is before the court on demurrer to the petition. It is a suit on a policy of insurance issued to him by the defendant which is a mutual insurance company. The policy provides that in case of the death of the assured the company will proceed to make certain assessments upon the policy-holders for the purpose of paying the loss. The amount of the loss to be paid is not absolutely fixed by the provisions of the policy; it provides for a certain mode of assessment upon the policy-holders in case of the death of a member, and for the payment of the proceeds of said assessment, not exceeding $5,000 in this case, to the beneficiaries of the insured. The policy also contains, among other conditions, the following:
'The only action maintainable upon this policy shall be to compel the association to levy the assessments herein agreed upon and if a levy is ordered by the court, the association shall be liable under this policy only for the sum collected under an assessment so made.'
The question is whether that is a valid provision of this contract of insurance, because, this being an action at law, it cannot be maintained unless that provision of the policy is set aside. This is an action to recover $5,000, which is claimed as due upon the policy.
I would not be willing to say that no action at law can be founded upon a policy of this character. Facts and circumstances might arise under which the beneficiaries could bring a suit at law upon the policy, but I am...
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Burdon v. Massachusetts Safety-fund Ass'n
... ... Association, 24 F. 685; Curtis v ... Life Co., 48 Conn. 98; Eggleston v. Association, 5 ... 14; Bailey v. Association, 71 Iowa, 689, 27 N.W ... 770; Newman v. Association, 72 ... ...
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Eggleston v. Centennial Mut. Life Ass'n of Iowa
...expressed on demurrer in this case, that the clause in the contract as to the mode of ascertaining the rights of the parties is obligatory, (18 F. 14,) with possible exceptions suggested. Suppose there was not a valid defense, as in the Lueders Case, and it was ascertained that a mortuary l......