Legal Opinion

Pope v. Sovereign Camp Woodmen of the World

Missouri Court of Appeals

Decided February 14, 1921Published

Appeal from tbe Stoddard Circuit Court. — Hon. W. S. ' G. Walker, Judge. (1) It is the kind of policy and not the character of the company that determines whether the transaction is an old line policy of insurance or a fraternal policy of insurance. It is our contention that the court erred in holding that the certificate in this case comes under the fraternal insurance laws of this State. Ordelheide v. M. B. A., 268 Mo. 399; Baltzell v. Modern Woodmen, 98 Mo.

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Appeal from tbe Stoddard Circuit Court. — Hon. W. S. ' G. Walker, Judge. (1) It is the kind of policy and not the character of the company that determines whether the transaction is an old line policy of insurance or a fraternal policy of insurance. It is our contention that the court erred in holding that the certificate in this case comes under the fraternal insurance laws of this State. Ordelheide v. M. B. A., 268 Mo. 399; Baltzell v. Modern Woodmen, 98 Mo. App. 153; ITerzberg v. Brotherhood, 110 Mo. App. 328. (2) To make the certificate come within the provisions of our statute govering…

1Opinion of the CourtBradley, J.

Plaintiff, as the administratrix of her husband’s estate, brought suit on a policy or certificate of insurance in the sum of $1000 issued by the defendant, Sovereign Camp of the Woodmen of the World, upon the life of one W. J. Nations, in which certificate Robert J. Pope, husband of plaintiff administratrix, was named as beneficiary. Defendant society filed answer setting up facts to the effect that plaintiff was not entitled to recover, but that the pro*595ceeds of the policy should go to Jackson, Norman and Charles Nations, minor children of the insured, and asked that it he permitted to pay…

2Cases cited2 opinions

  1. Ordelheide v. Modern BrotherhoodSupreme Court of Missouri · 1916
  2. Modern Woodmen of America v. PattersonMissouri Court of Appeals · 1917

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