Sandstedt v. American Cent. Life Ins. Co. of Indianapolis, Ind.

• Decision Date: 09 January 1920
• Docket Number: 15432.
• Citation: 186 P. 1069,109 Wash. 338
• Court: Washington Supreme Court
• Parties: SANDSTEDT et al. v. AMERICAN CENT. LIFE INS. CO. OF INDIANAPOLIS, IND.

186 P. 1069

109 Wash. 338

SANDSTEDT et al. v. AMERICAN CENT. LIFE INS. CO. OF INDIANAPOLIS, IND.

No. 15432.

Supreme Court of Washington

January 9, 1920

Department 1.

Appeal from Superior Court, Franklin County; William A. Grimshan Judge.

Action by Hanna Sandstedt and husband against the American Central Life Insurance Company of Indianapolis, Ind. Judgment of nonsuit, and plaintiffs appeal. Affirmed.

Edward A. Davis, of Pasco, for appellants.

E. C Ward, of Goldendale, for respondent.

MAIN J.

This action was brought for the purpose of recovering upon a policy of life insurance. After the issues were framed the cause proceeded to trial before the court and a jury. At the conclusion of the plaintiffs' evidence the defendant interposed a motion for nonsuit, which was sustained, and a judgment entered dismissing the action. From this judgment the plaintiffs appeal.

By a policy dated March 26, 1917, the American Central Life Insurance Company, the respondent, issued a policy of life insurance to Clarence E. Sandstedt. The beneficiary named in the policy was the insured's mother, Hanna Sandstedt, one of the appellants. The policy contained a provision that if death of the insured should occur while engaged in the military service in time of war, or in consequence of such service, the company would not be liable under the policy unless its permission to engage in such service had been obtained. The exact language of the policy is this:

'Death while engaged in military or naval service in time of war or in consequence of such service shall render the company liable for only the reserve under this policy unless the company's permission to engage in such service shall have been obtained and such extra premium or premiums as the company may require shall have been paid.'

The policy also contained a provision that no condition or privilege of the policy could be waived or modified in any case except by indorsement thereon signed by the president, first vice president, the actuary, or the secretary, and that no agent had power in behalf of the company to in any manner modify the policy. The language of the policy in this respect is this:

'No condition, provision or privilege of this policy can be waived or modified in any case except by indorsement hereon signed by the president, the first vice president, the actuary or the secretary. No agent has power in behalf of the company to make or modify this or any other policy, to extend the time for paying the premium, to waive any forfeiture, to grant any permit or to bind the company by making any promise or making or receiving any representation or information.'

On August 17, 1917, the insured enlisted in the military service of the United States. During the latter part of December 1917, a letter from the company was delivered to Mrs Sandstedt at Pasco, whether addressed to her or to the insured does not appear, saying in effect that if the insured had entered the military service it would be necessary to take the letter to the local agent of...