Sovereign Camp, W. O. W. v. Meek, 207.

• Citation: 47 S.W.2d 567
• Decision Date: 21 March 1932
• Docket Number: No. 207.,207.
• Parties: SOVEREIGN CAMP, W. O. W., v. MEEK.
• Court: Arkansas Supreme Court

Page 567

47 S.W.2d 567

SOVEREIGN CAMP, W. O. W., v. MEEK.

No. 207.

Supreme Court of Arkansas.

March 21, 1932.

Appeal from Circuit Court, Crawford County; J. O. Kincannon, Judge.

Suit by Thomas Meek against the Sovereign Camp, Woodmen of the World. Judgment for plaintiff, and defendant appeals.

Affirmed.

O. D. Thompson and E. L. Matlock, both of Van Buren, for appellant.

H. C. Rains and Partain & Agee, all of Van Buren, for appellee.

HUMPHREYS, J.

This suit was instituted on February 25, 1931, by appellee against appellant to recover $1,000, penalties, and attorney's fee for total disability under paragraph 12 of a beneficiary certificate No. R-219, 309-D, issued to him by appellant, which paragraph, in so far as material to a determination of the issues involved in this case, is as follows:

"If such member, while younger than sixty years of age, and while the certificate is in full force and effect, has suffered bodily injury, through external, violent or accidental means, or by disease, and shall furnish satisfactory proof to the society that he is and will be permanently, totally, continuously, and wholly prevented thereby for life from pursuing any and all gainful occupations or performing any work for compensation of value," he shall be entitled to the payment of one-half the face amount of his policy.

It was alleged in the complaint that during the time the certificate was in force and effect appellee became totally disabled on account of a disease commonly known as pernicious anemia.

Appellant filed an answer denying the material allegations of the complaint, and interposed the further defense of a failure on the part of appellee to make satisfactory proof of appellee's total disability to it prior to the institution of the suit.

The cause was submitted to a jury upon the pleadings, testimony, and instructions of the court, resulting in a verdict and judgment against appellant in amounts sued for, from which is this appeal.

The record reflects, without material dispute, that during the life of the certificate appellee became a confirmed invalid on account of a disease that crept upon him by degrees, commonly known as pernicious anemia, which disease totally disabled him. He paid premiums on his certificate for about twenty-one years, and did not cease to do so until his earning capacity was destroyed by said disease and until his finances were entirely depleted. He explained his condition fully to the local agent to whom he had...