Legal Opinion

Lamar Life Ins. v. Moody

Mississippi Supreme Court

Decided March 15, 1920No. 20982PublishedCited by 10 opinions

Appeal from Circuit Court, Pearl River County; Hon. W. L. Cbaneohd, Special Judge. Action by Mrs. Catherine A. Moody against the Lamar Life Insurance Company. Judgment for Plaintiff, and defendant appeals.

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Appeal from Circuit Court, Pearl River County; Hon. W. L. Cbaneohd, Special Judge. Action by Mrs. Catherine A. Moody against the Lamar Life Insurance Company. Judgment for Plaintiff, and defendant appeals. It is our contention that whenever, in any -contract of life insurance, the applicant and insured reserves in the application, which becomes a part of the contract of insurance, the right to change the beneficiary,, then, and in that event, the interest of the beneficiary first named, is not vested,, but contingent, and the insured has the absolute authority without the consent of the…

1Opinion of the CourtCook, J.

The briefs in this case take a wild range, and many interesting questions of law are discussed; but, having reached the conclusion that under the admitted facts the determination of a single point will settle the controversy we will confine this opinion to a discussion of that point alone.

The beneficiary named in the insurance policy was the wife of the insured, and after the death of the insured the insurance company denied liability, and this suit was instituted by Mrs. Moody. A judgment ‘for the plaintiff was entered in the trial court, and the defendant appeals .to this court. It appears…

2Cases cited5 opinions

  1. Grego v. GregoMississippi Supreme Court · 1900
  2. Mutual Benefit Life Insurance v. WilloughbyMississippi Supreme Court · 1910
  3. Jackson Bank v. WilliamsMississippi Supreme Court · 1899
  4. Jones v. PattyMississippi Supreme Court · 1895
  5. Cozine v. GrimesMississippi Supreme Court · 1898

3Cited by10 opinions

  1. Bank of Belzoni v. HodgesMississippi Supreme Court · 1923
  2. Antrim v. International Life InsuranceSupreme Court of Kansas · 1929
  3. Fleming v. GrimesMississippi Supreme Court · 1926
  4. Bonds v. BondsMississippi Supreme Court · 1982
  5. Morrow v. Commonwealth Life InsuranceSupreme Court of Florida · 1935

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