Sovereign Camp, W. O. W. v. Gunter

• Decision Date: 21 November 1938
• Docket Number: 26884.
• Citation: 200 S.E. 181,59 Ga.App. 189
• Parties: SOVEREIGN CAMP, W. O. W., v. GUNTER.
• Court: Georgia Court of Appeals

200 S.E. 181

59 Ga.App. 189

SOVEREIGN CAMP, W. O. W., v. GUNTER.

No. 26884.

Court of Appeals of Georgia, Second Division

November 21, 1938

Rehearing Granted Nov. 28, 1938.

Judgment Adhered To Dec. 10, 1938.

Syllabus by Editorial Staff.

A limitation of one year within which to bring action on insurance policy is a reasonable limitation.

A reasonable limitation upon action on insurance certificate from an unlimited time to a period of one year, is a matter involving a remedy and not a substantial, vested right.

Under statute providing that any changes in charter, constitution or laws enacted subsequent to issuance of fraternal benefit certificate should bind member or his beneficiary to same extent as though made prior to application for membership, a by-law not affecting a valid substantial right is binding upon holder of certificate previously issued, although by-law does not specifically provide that it should apply to certificates issued before its passage. Code 1933, § 56-1610.

A by-law of fraternal society, passed subsequent to issuance of fraternal benefit certificate, requiring suit for total and permanent disability benefits to be brought within one year after society's refusal to pay claim, precluded maintenance of suit brought more than a year after such refusal. Code 1933,§ 56-1610.

On Rehearing.

Prior rulings of court need not be referred to in statute in order to effect a repeal of principle contained in such rulings.

Error from Superior Court, Clarke County; Blanton Fortson, Judge.

Suit by B. W. Gunter against the Sovereign Camp, Woodmen of the World, to recover on a policy of insurance. To review an adverse judgment, the defendant brings error.

Judgment reversed.

Robt. G. Plunkett and R. F. Scarborough, both of Macon, for plaintiff in error.

W. T Ray, of Athens, and William Hall and L. Paul Webb, both of Carnesville, for defendant in error.

Syllabus OPINION.

FELTON Judge.

1. A limitation of one year within which to bring an action on a policy of insurance is a reasonable limitation. Melson v. Phenix Insurance Co., 97 Ga. 722, 25 S.E. 189, and cit.

2. A reasonable limitation upon an action on an insurance certificate, from an unlimited time to a period of one year, is a matter involving a remedy and not a substantial, vested right. Du Bignon v. Mayor, etc., of Brunswick, 106 Ga. 317, 327, 32 S.E. 102, and cit.

3. Since the passage of the act of 1914, Code § 56-1610 providing that any changes or amendments to the charter constitution or laws enacted subsequently to the issuance of a fraternal benefit certificate shall bind the member and his beneficiaries and shall govern and control the agreements in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, a by-law, reasonable and not affecting a valid, substantial right, passed after a certificate is issued to a member of an insurance society, and before the cause of action arose, is binding upon him even though it does not specifically provide that it shall apply to certificates issued before its passage. The act of 1914 was evidently enacted for this purpose and since the passage of the act the decisions holding that a by-law would not apply to a certificate issued before its passage unless there was a clearly expressed intention that it should so apply, are no longer controlling on this...