Berg v. Damkoehler
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: ObbeN T. Williams, Judge. On February 1, 1899, one W. L. Arven took out a policy on his life in the Pacific Mutual Life Insurance Company for $1,000, in which the plaintiff, his betrothed, was named as the sole beneficiary.
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Appeal from a judgment of the superior court of Milwaukee county: ObbeN T. Williams, Judge. On February 1, 1899, one W. L. Arven took out a policy on his life in the Pacific Mutual Life Insurance Company for $1,000, in which the plaintiff, his betrothed, was named as the sole beneficiary. The policy contained a provision that tbe beneficiary might be changed by the insured at any time “ by filing with the company a written request, duly acknowledged, accompanied by this policy, such change to take effect upon indorsement of the same upon the policy of the company.” On April 13, 1899, Arven…
1Opinion of the CourtBardeen, J.
Under the policy in suit the insured had a right to change the beneficiary named therein by filing with the company a written request, duly acknowledged, accompanied by the policy. He attempted to make such change, but neglected to acknowledge his written request. The insurance company refused to recognize such request. It sent to its local agent in Milwaukee a blank form it had prepared for such cases, with instructions to have it signed and properly acknowledged. Before this could be done, the insured died.
The general rule is that the change in beneficiaries must be made in the manner…
2Cases cited13 opinions
- Ballou v. GileWisconsin Supreme Court · 1880
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Kerman v. HowardWisconsin Supreme Court · 1868
- Foster v. GileWisconsin Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Kochanek v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1928
- Garner v. BemisSupreme Court of Florida · 1921
- Faubel v. EckhartWisconsin Supreme Court · 1912
- Sun Life Assurance Co. v. SutterWashington Supreme Court · 1939
19 more not listed; retrieve them via the Exa API.