United Mut. Life Ins. Co. v. Bransford, 4-3814.

• Court: Arkansas Supreme Court
• Writing for the Court: Johnson
• Citation: United Mut. Life Ins. Co. v. Bransford, 81 S.W.2d 17, 190 Ark. 783 (Ark. 1935)
• Decision Date: 08 April 1935
• Docket Number: No. 4-3814.,4-3814.
• Parties: UNITED MUT. LIFE INS. CO. v. BRANSFORD.

81 S.W.2d 17

UNITED MUT. LIFE INS. CO. v. BRANSFORD.

No. 4-3814.

Supreme Court of Arkansas.

April 8, 1935.

Rehearing Denied May 6, 1935.

Appeal from Circuit Court, Pike County; A. P. Steel, Judge.

Suit by Tom James Bransford against the United Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals.

Reversed, and cause of action dismissed.

O. A. Featherston, of Murfreesboro, for appellant.

P. L. Smith, of Antoine, for appellee.

JOHNSON, Chief Justice.

Appellant, insurance company, is the successor to a mutual benefit association, known as the Knights of Pythias.

In June, 1907, General L. Gideon made written application to the benefit association for a policy of life insurance in the sum of $1,000. The policy was duly issued as requested, and Tom James Gideon (now Bransford), appellee here, was designated as beneficiary. Among other provisions the policy provided: "The benefit Certificate is issued and accepted by the parties in interest subject to all the provisions and conditions contained and referred to in the foregoing, and to the conditions, provisions and benefits contained on the 2nd and 3rd pages hereof, which are hereby made a part of this certificate; and all of the conditions and provisions of the contract between the member and the Society are to be deemed to be assented to and accepted without the necessity for the member's signature being affixed thereto."

On page 2 of the policy is the following provision: "Proofs of death satisfactory to the Board of Control shall be furnished to it free of expense within one year from the date of death of the member and no action at law shall be maintained unless suit is commenced within two years from the death of the member."

The insured died on December 14, 1928, and this suit was instituted by the named beneficiary on July 30, 1934, against appellant to recover the benefits designated in said policy. At the close of the testimony in said cause appellant requested the court to direct a verdict in its behalf, but this request was refused, and thereafter the jury returned a verdict in favor of appellee, and this appeal follows.

The undisputed testimony reflects that the insured died on December 14, 1928, and that no proof of his death was furnished to appellant within one year; also, that no suit was instituted by the beneficiary upon the policy until this one was filed on July 30, 1934.

It is a rule of universal application in the law of insurance that a cause of action arises in favor of the designated beneficiary in a policy of insurance against the insurer upon the death of the insured, unless by the terms of the contract the accrual of such cause of action is delayed or some local statute fixes a different time (see, 7 Couch Insurance Law, § 1630), and but for the contractual...