Wooten v. Grand United Order of Odd Fellows
Supreme Court of North Carolina
Action- tried before Connor, J., and a jury, at April Term, 1918, of Beaufort. The plaintiff sued to recover the amount of a life policy issued to Ttomas Whitaker by the defendant, and payable, at first, to bis sister, tbe plaintiff, as beneficiary, and afterwards changed so as to be payable to his wife, Colorado Whitaker, under a clause reserving the right to change the beneficiary.
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Action- tried before Connor, J., and a jury, at April Term, 1918, of Beaufort. The plaintiff sued to recover the amount of a life policy issued to Ttomas Whitaker by the defendant, and payable, at first, to bis sister, tbe plaintiff, as beneficiary, and afterwards changed so as to be payable to his wife, Colorado Whitaker, under a clause reserving the right to change the beneficiary. The right to make this change was not disputed by the plaintiff, but she contends that the change was not actually or legally made, so as to make it effective, before the death of Thomas Whitaker. The latter was…
1Opinion of the Court
WalKER, J.,
after stating the case: It is now considered that an insur•ance company may make reasonable rules and regulations by which the insured may change the beneficiary named in the policy of insurance, or his certificate in the case of benefit societies, and that such rules and regulations become a part of the contract. Where the policy or rule of the company, or society, provides that such a, change may be made in a particular way, the method prescribed should be followed, but if the insured has done substantially what is required of him, or what he is able to do, to effect a change of…
2Cases cited23 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Fink v. . FinkNew York Court of Appeals · 1902
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
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3Cited by25 opinions
- Luttrell v. . HardinSupreme Court of North Carolina · 1927
- Russell v. . OwenSupreme Court of North Carolina · 1932
- Parker v. . PotterSupreme Court of North Carolina · 1931
- Pierson v. BuyherSupreme Court of North Carolina · 1991
- Wilson v. . WilliamsSupreme Court of North Carolina · 1939
20 more not listed; retrieve them via the Exa API.