Walser v. Gate City Life & Health Insurance
Supreme Court of North Carolina
. Appeal by defendant from Adams, J., at May Term, 1918, of For-syte:. This was a civil action tried originally in the County Court of Forsyth County before his Honor, H. R. Starbuck, Judge, at May Term, 1917. The action was to recover on two policies of insurance on the life of George Walser, deceased, issued by defendant company in 1913, one of straight-life insurance for $70, No. 118306, and another a life, accident, health policy for $62.60, No. 22858, in both of which…
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. Appeal by defendant from Adams, J., at May Term, 1918, of For-syte:. This was a civil action tried originally in the County Court of Forsyth County before his Honor, H. R. Starbuck, Judge, at May Term, 1917. The action was to recover on two policies of insurance on the life of George Walser, deceased, issued by defendant company in 1913, one of straight-life insurance for $70, No. 118306, and another a life, accident, health policy for $62.60, No. 22858, in both of which the plaintiff’s then wife and now the widow of the insured was originally named as beneficiary. There was evidence on the…
1Opinion of the Court
HoKE, J.,
after stating tbe case: It is tbe recognized general rule that, in tbe absence of stipulation or condition affecting it, tbe beneficiary designated as such in an ordinary life policy or a life, accident and health policy has a vested interest therein which cannot be destroyed or altered without bis consent, and certainly in so far as any action of the insured is concerned. Hooker v. Sugg, 102 N. C., 115; Vance on Insurance, 390. Though in reference to mutual benefit societies or fraternal orders having an insurance feature, the general rule is the other way. Pollock v. Household of…
2Cases cited5 opinions
- Shea v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Bradley v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1905
- Hooker v. . SuggSupreme Court of North Carolina · 1889
- Pollock v. . Household of RuthSupreme Court of North Carolina · 1909
- Thomas v. Prudential Insurance Co. of AmericaIndiana Supreme Court · 1902
3Cited by6 opinions
- Wilson v. . WilliamsSupreme Court of North Carolina · 1939
- Wright v. McMullanSupreme Court of North Carolina · 1959
- Widows Fund of Sudan Temple v. UmphlettSupreme Court of North Carolina · 1957
- Miller v. . PotterSupreme Court of North Carolina · 1936
- Mitchell v. . Insurance Co.Supreme Court of North Carolina · 1933
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