Sovereign Camp, W.O.W. v. Craft

• Decision Date: 23 November 1922
• Docket Number: 6 Div. 503.
• Citation: 208 Ala. 467,94 So. 831
• Parties: SOVEREIGN CAMP, W. O. W., v. CRAFT.
• Court: Alabama Supreme Court

94 So. 831

208 Ala. 467

SOVEREIGN CAMP, W. O. W., v. CRAFT.

6 Div. 503.

Supreme Court of Alabama

November 23, 1922

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.

Action by Annie F. Craft against the Sovereign Camp of the Woodman of the World. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

Plaintiff the widow of William R. Craft, sues to recover a benefit of $1,000 under a beneficiary certificate issued by the defendant association to said Craft on May 17, 1916, and designating plaintiff as sole beneficiary.

Another count of the complaint alleges that said certificate contains an agreement by defendant "to pay to the plaintiff as beneficiary therein named the sum of $100 for the erection of a monument to the memory of said William R. Craft," payment of which has been refused by defendant; wherefore plaintiff claims said sum for said purpose.

Demurrers to the complaint being overruled, defendant pleaded the general issue and 19 special pleas. Demurrers were sustained to each of these pleas except those numbered 4, 5, 7, 9, and 18, and the cause went to trial on these special pleas and the general issue.

Plea 4 adopts the following portion of plea 3:

"Defendant is a fraternal benefit society.

"That on, to wit, May 8, 1916, William R. Craft made a written application to join defendant order in which he stated that his occupation was that of carpenter.

"Said application contained the following provision:

"'I hereby certify, agree and warrant, that all the statements, representations and answers in this application, consisting of two pages, as aforesaid, are full, complete and true, whether written by my own hand or not; and I agree that any untrue statements, or answers made by me in this application, or to the examining physician or any concealment of facts in this application intentional or otherwise, or my being suspended, or expelled from or voluntary severing my connection with the order in any of its jurisdictions, or if I fail to comply with the laws, rules and usages of the order, now in force, or hereafter adopted, my beneficiary certificate shall become void and all rights of any person or persons thereunder shall be forfeited. I agree to pay all assessments and dues for which I may become liable while a member of the order, as required by its constitution and laws, and that the liability of the Sovereign Camp for the payment of benefits shall not begin until after this application shall have been accepted by a sovereign physician, a beneficiary certificate issued thereon, and personally delivered to me by an authorized person while I am in good health, until I shall have been obligated in due form and all the requirements of section 58 of the constitution and laws of said order have been complied with."'

And adds the following:

"That at the time said application was made defendant's constitution and laws provided, section 56:

"'In order to pay the death losses, disability benefits, monument obligations, emergency fund and Sovereign Camp general funds dues, every applicant admitted to membership, and to whom a beneficiary certificate is issued, shall annually pay to the Sovereign Clerk, in advance, an assessment based on their ages at the nearest birthday at date of entry (except as otherwise provided in sections 42 and 43 of the constitution and laws) as specified in the following table of rates:

"'Annual-37 years of age-$14.40.

"'Provided, however, that member, should they so elect, may pay same in twelve monthly installments to the clerk of their camp on or before the first day of each month based on the following table of payment:

"'37 years of age monthly payments, $1.20.'

"Defendant's constitution and laws also provide as follows:

"'Section 43, persons engaged in the following occupations, to wit:

"'Those employed in mines not otherwise prohibited-their rates of assessments shall be three dollars and sixty cents per annum for each one thousand dollars of their beneficiary certificate in addition to the regular rate while engaged in such hazardous occupation.'

"'If a member engages in any of the occupations or business mentioned in this section, he shall within thirty days notify the clerk of his camp of such change of occupation, and while so engaged in such occupation shall pay on each monthly installment of assessment thirty cents for each one thousand dollars of his beneficiary certificate in addition to the regular rate. Any such member failing to notify the clerk and to make such payments as above provided, shall stand suspended and his beneficiary certificate be null and void.'

"And defendant alleges that said Craft, in said application, warranted that his occupation was carpenter, and under said representation and warranty this defendant gave him the nonhazardous rate of $1.20 per month as provided in section 56 above set out, which warranty was untrue, in this, that said Craft was employed in a mine and under said employment said Craft had to work underground in said mine, which fact he concealed from the defendant; that under the provision of section 43, herein set out, said Craft should have paid $3.60 per annum or 30 cents per month in addition to the nonhazardous rate which was given him. But said Craft failed and refused, during the whole time, from the date of his application to his death, to pay said hazardous rate. Wherefore said beneficiary certificate is null and void and defendant is not indebted to plaintiff."'

Plea 5 is the same as plea 4 down through the sections of defendant's constitution therein set out, and it then concludes:

"Defendant alleges that said Craft was employed in a mine, and for such hazardous occupation agreed to pay this defendant $3.60 per annum or 30 cents per month while so employed. But said Craft failed and refused to pay any of said hazardous assessment. Wherefore said certificate became null and void, and defendant is not indebted to the plaintiff."

Plea 7 is:

"Defendant *** tendered to the plaintiff the amount due her, to wit, $47.50, before this action was commenced, and now brings the money into court."

Plea 9 is as follows:

"9. This is a fraternal benefit society.

"That the said William R. Craft, in his application made to defendant, in which he sought to become a member and to obtain the policy and certificate sued on, which application is made a part of the certificate sued on, warranted that the statements made by him in said application were true, and defendant avers that said application was executed and signed by said Craft in which he stated that his occupation was carpenter, and defendant avers that said statement was not true, but was untrue, and that said Craft was not a carpenter, but was, in fact, a handy man in and about an ore mine, and that the duties of such employment required him to work underground in said mine as well as outside of said mine; and by reasons of said untrue statement in said application the said policy or certificate is void."

Plea 18 is as follows:

"The defendant adopts all of plea 4 from the beginning down to, through, and inclusive of section 43 of the constitution as therein set out as though that part of said plea was recopied in full here, and in addition thereto adds the following:

"And defendant alleges that said Craft engaged in the occupation or business of being employed in an ore mine, and under said business or occupation the said Craft had to work underground in said mine, and under the provisions of section 43 as herein set out Craft should have paid on each monthly installment of assessment 30 cents in addition to the regular rate, but said Craft failed to make such payments of said hazardous rate, and, by reason of such failure, became suspended, and his beneficiary certificate became null and void.

"Wherefore the defendant is not indebted to plaintiff."

C. H. Roquemore, of Montgomery, for appellant.

John T. Glover and Charles A. Calhoun, both of Birmingham, for appellee.

SOMERVILLE J.

In denial of plaintiff's right to recover under the beneficiary certificate exhibited by her, defendant sets up two defenses: (1) The invalidation of the certificate by reason of the member's warranty or representation that his occupation was that of a carpenter, when in fact he was not a carpenter; and (2) the invalidation of the certificate by reason of the member's employment in a mine, and his failure to pay the thereby increased assessment of $3.60 per annum, as required by section 43 of the constitution and laws of the society.

These defenses embraced the only contested issues of fact in the case.

Defendant's theory is: (1) That the member's representation-"my occupation is carpenter"-was a warranty that he did no work except that of a carpenter under his existing employment; and (2) that if the member regularly worked, or did any work, in the course of his employment, whether as a carpenter or otherwise, within the mine at which he was employed, this brought him within the class of "those employed in mines," within the meaning of section 43 of defendant's constitution and laws.

1. According to the New Standard Dictionary "occupation" means ...