Jones v. North Carolina Mut. & Provident Ass'n
| Decision Date | 21 September 1916 |
| Docket Number | 9516. |
| Citation | 90 S.E. 30,105 S.C. 427 |
| Parties | JONES v. NORTH CAROLINA MUTUAL & PROVIDENT ASS'N. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Abbeville County; Fred L Willcox, Special Judge.
Action by Hattie Jones against the North Carolina Mutual and Provident Association. Judgment for plaintiff, and defendant appeals. Affirmed.
The decree of the circuit court was as follows:
This case comes before me upon appeal from a judgment in favor of plaintiff in the court of Magistrate J. S. Hammond.
It appears from the pleadings, the evidence, and the exception and also upon the argument before me, that there is really only one question involved.
If the party insured, J. R. Davis, on account of whose death while he was holding a policy in the defendant association the suit was brought to recover the amount specified in the policy had a right to require the company to make the loss payable to a new beneficiary, without the consent of Hattie Jones, the beneficiary named in the policy, then the judgment of the magistrate might be reversed. If on the other hand no such right existed, without the consent of Hattie Jones, the judgment of the magistrate should be affirmed and the appeal dismissed.
The policy seems to be an ordinary life insurance policy, as distinguished from a certificate of membership in a mutual protective association. It is issued in consideration of the application thereof and of the payment of premiums specified therein, and is subject only to the conditions and agreements named therein. There is nothing whatever in the policy itself conferring the right upon the assured to change the beneficiary, without her consent. The South Carolina authorities cited by counsel for the defendant seem to establish clearly legal proposition that a beneficiary named in a life insurance policy has a vested interest which can only be taken away by her consent or by virtue of the exercise of the right vested in the policy itself.
I am not impressed with the position taken by defendant to the effect that the provisions of its constitution and by-laws can be resorted to in order to furnish authority for a change, without the consent of the beneficiary. My impression is that the correct principle applicable in such matters is stated in the case of Relief Fire Insurance Co. v. Shaw, 94 U.S. 574, 24 L.Ed. 291.
My conclusion is that neither the insured nor the...
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Antley v. New York Life Ins. Co.
...42, 109 A. 22; Malone v. Cohn (C. C. A.) 236 F. 882; Rosman v. Ins. Co., 127 Md. 689, 96 A. 875, Ann. Cas. 1918C, 1047. In Jones v. Ins. Co., 105 S.C. 427, 90 S.E. 30, the judgment was placed squarely upon the ground that the policy contained no provision of reservation in the insured to ch......
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