Schmidt v. Hauer
Supreme Court of Iowa
Appeal from Scott District Court.— IIoN. <7. W. BolliNger, Judge. ActioN in equity originally brought by plaintiff, as administrator of the estate of Mathias Hauer, to recover on a beneficiary certificate issued by the Grand Lodge of the Ancient Order of United Workmen of Iowa to his intestate. The beneficiary named in the certificate was Hannah Hauer, conceded to have been at the time of the issuance thereof the wife of said Mathias Hauer.
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Appeal from Scott District Court.— IIoN. <7. W. BolliNger, Judge. ActioN in equity originally brought by plaintiff, as administrator of the estate of Mathias Hauer, to recover on a beneficiary certificate issued by the Grand Lodge of the Ancient Order of United Workmen of Iowa to his intestate. The beneficiary named in the certificate was Hannah Hauer, conceded to have been at the time of the issuance thereof the wife of said Mathias Hauer. Before the death of Mathias the parties were divorced, but no change was made or attempted to be made in the name of the beneficiary. The Grand Lodge…
1Opinion of the Court
Bishop, J.—
The certificate in question was issued to Mathias Hauer, plaintiff’s intestate, in February, 1891, and, as we have seen, Hannah Hauer, the beneficiary named therein, was then his wife. The parties were divorced in April, 1904, and Mathias died, intestate, in June following. As the record stands, the only question for determination is, who is entitled to the fund in court, being the avails of the certificate ? It is the rule in this State that the designation of a beneficiary in a policy of life insurance valid in its inception remains so, although the insurable interest or re*533lations…
2Cases cited6 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- White v. Brotherhood of American YeomenSupreme Court of Iowa · 1904
- Courtois v. Grand Lodge of Ancient OrderCalifornia Supreme Court · 1902
- Overhiser v. OverhiserColorado Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lynch v. BogenriefSupreme Court of Iowa · 1976
- Thomas v. Locomotive Engineers' Mutual Life & Accident InsuranceSupreme Court of Iowa · 1921
- Ancient Order of Hibernians v. MahonMichigan Supreme Court · 1922
- Reilly v. Penn Mutual Life InsuranceSupreme Court of Iowa · 1926
- Cochburn v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1913
5 more not listed; retrieve them via the Exa API.