Lane v. Insurance Co.
Supreme Court of North Carolina
AgtioN by W. B. Lane against Fidelity Mutual Life Insurance Company, beard by Judge JE. B. Jones and a jury, at tbe October Term, 1905, of tbe Superior Court of CbaveN. Tbe plaintiff sued for tbe recovery of $2,000, alleged to be tbe damages sustained by tbe cancellation of bis policy, and tbe defendant’s refusal to reinstate bim.
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AgtioN by W. B. Lane against Fidelity Mutual Life Insurance Company, beard by Judge JE. B. Jones and a jury, at tbe October Term, 1905, of tbe Superior Court of CbaveN. Tbe plaintiff sued for tbe recovery of $2,000, alleged to be tbe damages sustained by tbe cancellation of bis policy, and tbe defendant’s refusal to reinstate bim. He bad taken a policy in tbe defendant company for $3,000 upon bis life for tbe benefit of bis wife, and failed to remit bis annual dues which were payable July 24, 1901. Tbe policy provides as follows: “In tbe event of a failure to pay either dues or assessments…
1Opinion of the Court
WaleeR, J.,
after stating tbe case: It is conceded that tbe plaintiff, under tbe terms of tbe contract of insurance, *58had forfeited his policy and consequently his membership, by the non-payment of his annual dues. He had no right to be restored to his former relation without the consent of the defendant, and then only upon the terms and conditions prescribed by it- There is a provision in this policy by which the plaintiff could be reinstated as a member and policyholder, but the condition precedent was ■ imposed that his application for reinstatement shall first be approved by the president…
2Cases cited5 opinions
- State ex rel. State Publishing Co. v. SmithMontana Supreme Court · 1899
- Lovick v. Providence Life Ass'nSupreme Court of North Carolina · 1892
- Matter of De LuccaCalifornia Supreme Court · 1905
- McLaughlin v. Supreme Council Catholic Knights of AmericaMassachusetts Supreme Judicial Court · 1903
- Harrington v. Keystone Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1899
3Cited by12 opinions
- Harris v. . Board of EducationSupreme Court of North Carolina · 1939
- Key v. . Board of EducationSupreme Court of North Carolina · 1915
- Broughton v. Equitable Life Assur. Soc. of United StatesCourt of Appeals for the Fifth Circuit · 1934
- Lanier v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1937
- Hinchliffe v. Minnesota Commercial Men's Ass'nSupreme Court of Minnesota · 1919
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