Sovereign Camp, W. O. W. v. Garner
Mississippi Supreme Court
Appeal from circuit court of Covington county. Hon. W. H. Hughes, Judge. Suit by Mrs. Floyd Dora Garner against the Sovereign Camp, Woodmen of the World. Judgment for plaintiff, and the defendant appeals.
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Appeal from circuit court of Covington county. Hon. W. H. Hughes, Judge. Suit by Mrs. Floyd Dora Garner against the Sovereign Camp, Woodmen of the World. Judgment for plaintiff, and the defendant appeals. Where by-laws of a fraternal insurer provided that, if a member should engage in a prohibited occupation, the certificate should be void unless he gave notice and paid an additional premium, the failure of a member, who engaged in a prohibited occupation to give notice and pay the additional premium invalidated the policy without action of the insurer. Brittenham v. W. O. W., 167 S. W. 587.…
1Opinion of the CourtCook, J.
Appellee instituted this suit against the Sovereign Camp of the Woodmen of the World to recover on a certificate of fraternal insurance issued for her benefit on the life of her son, William A. Garner, now deceased, and from a judgment for appellee this appeal was prosecuted.
To the declaration filed in this cause, appellant filed its plea of the general issue, and also filed a special plea averring that the beneficiary certificate had been forfeited and became null and void long prior to the death of the insured by reason of the fact that he had changed his occupation from an unhazardous to a…
2Cases cited3 opinions
- Gray v. National Benefit Ass'nIndiana Supreme Court · 1887
- Thompson v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1915
- Sovereign Camp v. GarnerMississippi Supreme Court · 1921