Sovereign Camp, W. O. W. v. Tucker
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Ethel D. Tucker against the Sovereign Camp, Woodmen of the World, for the beneficiary life certificate issued upon the life of her husband. Judgment for the plaintiff, and the defendant appeals. Plea 7 was good, 80 Miss. 546, 32 South. 4. There was no waiver. Sov. Camp W. O. W. v. Allen, ante, p. 41, 89 South. 58. Under these authorities, defendant was entitled to the affirmative charge.
Read the full summary
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Ethel D. Tucker against the Sovereign Camp, Woodmen of the World, for the beneficiary life certificate issued upon the life of her husband. Judgment for the plaintiff, and the defendant appeals. Plea 7 was good, 80 Miss. 546, 32 South. 4. There was no waiver. Sov. Camp W. O. W. v. Allen, ante, p. 41, 89 South. 58. Under these authorities, defendant was entitled to the affirmative charge. Insurance is construed favorably to the assured, especially with reference to forfeiture. 160 Ala. 334, 49 South. 354; 127 Ala.…
1Opinion of the CourtGardner, J.
Appellant is a fraternal beneficiary society, and issues to its members benefit certificates of insurance. O. C. Tucker became a member of this fraternal organization, and in June, 1916, there was issued to him a certificate of insurance in the sum of $1,000, Ethel L. Tucker, his wife, who brings this suit upon said certificate, being, designated the beneficiary therein. From a judgment for the plaintiff, defendant prosecutes this appeal.
The principal defense relied upon in the court below, and pressed for consideration here, was as follows: O. O. Tucker, at the time of the issuance of the…
2Cases cited3 opinions
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Woodmen of the World v. MaynorSupreme Court of Alabama · 1921
- Sovereign Camp, W. O. W. v. EastisSupreme Court of Alabama · 1921
3Cited by5 opinions
- Sovereign Camp, W. O. W. v. BlanksSupreme Court of Alabama · 1922
- Sovereign Camp, W. O. W. v. GaySupreme Court of Alabama · 1922
- Yarbrough v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1923
- Sovereign Camp of W. O. W. v. CarrellAlabama Court of Appeals · 1924
- Kiker v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1936