Suelflow v. Supreme Lodge
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuenek, Circuit Judge. Action b.y a beneficiary in a contract' of insurance, made by a fraternal insurance society with her husband, to recover damages caused by an alleged wrongful cancellation thereof.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuenek, Circuit Judge. Action b.y a beneficiary in a contract' of insurance, made by a fraternal insurance society with her husband, to recover damages caused by an alleged wrongful cancellation thereof. The situation, so far as necessary to an understanding of the vital question on this appeal, was this: The defendant is a fraternal insurance corporation of the order of Kniglvts a/nd Ladies of Honor, organized under the laws of the state of Indiana, without capital stock, for the mutual benefit of the members of the…
1Opinion of the CourtMarshall, J.
The first question to be considered is whether respondent could properly maintain an action for damages during the lifetime of her husband, even if the contract of insurance were wrongfully canceled, as claimed. If not, then we need not go further and should not, since the assured is not a party to the action.
If respondent’s interest in the contract of insurance was absolute — free from control of her husband to take it from *294her without her consent — under sec. 2347, Stats., as the trial court evidently assumed and counsel for respondent contend, and it was wrongfully canceled, the case is…
2Cases cited16 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Opitz v. KarelWisconsin Supreme Court · 1903
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Foster v. GileWisconsin Supreme Court · 1880
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Empire General Life Insurance v. SilvermanWisconsin Supreme Court · 1987
- Koch v. Aetna Life Insurance Co.Washington Supreme Court · 1931
- McGough v. HoganWisconsin Supreme Court · 1922