Legal Opinion

Woodmen of the World v. Dodd

Court of Appeals of Texas

Decided February 2, 1911PublishedCited by 7 opinions

Appeal from District Court, Marion County ; R. D. Hart, Special Judge. Action by Mrs. Eddie Proctor Dodd and others against the Woodmen of the World. Judgment for plaintiffs, and defendant appeals. The suit is by the beneficiary on; a policy of life insurance issued, by appellant, a fraternal benevolent association,' to C. H. Proctor.

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Appeal from District Court, Marion County ; R. D. Hart, Special Judge. Action by Mrs. Eddie Proctor Dodd and others against the Woodmen of the World. Judgment for plaintiffs, and defendant appeals. The suit is by the beneficiary on; a policy of life insurance issued, by appellant, a fraternal benevolent association,' to C. H. Proctor. Tbe appellant claimed that tbe policy, according to its terms, was avoided because tbe insured bad been convicted of a felony, and because tbe insured when be met bis death was violating tbe criminal laws by resisting and assaulting tbe officer wbo came to…

1Opinion of the Court

■ LEVY, J.

(after stating tbe facts as above). Appellant for error contends that the court should have directed a verdict in its favor because the agreed facts show that the insured bad been convicted of a felony prior to bis death, and this conviction avoided the policy sued on. According to the terms of tbe policy, all rights and benefits thereunder ceased when tbe insured member “shall be convicted of a felony.” Clearly these words of tbe policy were used, we think, to denote the final result of tbe prosecution in a court. of competent jurisdiction. He must have been finally adjudged…

2Cases cited2 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1893
  2. Brannan v. StateCourt of Criminal Appeals of Texas · 1903

3Cited by7 opinions

  1. Hoffman v. Life Insurance Co. of North AmericaUtah Supreme Court · 1983
  2. Texas Employers' Ins. Ass'n v. DraytonCourt of Appeals of Texas · 1943
  3. Donnell v. Board of Registration of MedicineSupreme Judicial Court of Maine · 1930
  4. McLaughlin v. Brotherhood of Railroad TrainmenSupreme Court of South Carolina · 1950
  5. Williams v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1933

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