McGough v. Hogan
Wisconsin Supreme Court
Appeal'from an order of the circuit court for Eau Claire county. E. C. Higbee, Judge. The plaintiff was a second cousin of Annie O’Donnell, who for a number of years prior to her death had been insured by the defendant Women’s Catholic Order of Foresters, having made several changes of beneficiaries.
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Appeal'from an order of the circuit court for Eau Claire county. E. C. Higbee, Judge. The plaintiff was a second cousin of Annie O’Donnell, who for a number of years prior to her death had been insured by the defendant Women’s Catholic Order of Foresters, having made several changes of beneficiaries. On January 6, 1920, the respondent, Laura Hogan, a niece of the insured, was the beneficiary in the then certificate, and on that day that certificate was surrendered by the insured and application made by her to have a new certificate issued in lieu thereof in which the plaintiff should be…
1Opinion of the Court
The following-opinion was filed November 15, 1921:
Eschweiler, J.
At the time of the issuing of the policy in which plaintiffs was designated as beneficiary and de*610scribed as a cousin of the insured, sec. 127 of the by-laws of. the society provided for the classes to whom death benefits should be made payable, designating, among others, “(8) cousins in the first degree.” It is practically conceded in this case that plaintiff, though a “blood relation” and a cousin of the insured, was not, being a second cousin, within the class covered by the phrase in that by-law.
The plaintiff contends that…
2Cases cited24 opinions
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Murphy v. NowakIllinois Supreme Court · 1906
- Supreme Council of Royal Arcanum v. McKnightIllinois Supreme Court · 1909
- Hanf v. Northwestern Masonic Aid Ass'nWisconsin Supreme Court · 1890
- Faubel v. EckhartWisconsin Supreme Court · 1912
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3Cited by1 opinion
- Gignac v. Columbia National Life InsuranceMichigan Supreme Court · 1948