Legal Opinion

Kirk v. Sovereign Camp of the Woodmen of the World

Missouri Court of Appeals

Decided February 17, 1913PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. Kirk’s May assessment was not paid, for which reason he stood suspended when he died, and therefore his certificate was void and no recovery can be had thereon by plaintiff. Kohen v. Life Assn., 28 Fed. 705; Misselhorn v. Life Assn., 30 Mo. App. 589; Misselhorn v. Life Assn., 30 Fed. 545; Wilcox v. Woodmen of the World, 76 Mo.

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Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. Kirk’s May assessment was not paid, for which reason he stood suspended when he died, and therefore his certificate was void and no recovery can be had thereon by plaintiff. Kohen v. Life Assn., 28 Fed. 705; Misselhorn v. Life Assn., 30 Mo. App. 589; Misselhorn v. Life Assn., 30 Fed. 545; Wilcox v. Woodmen of the World, 76 Mo. App. 576; McLendon v. Woodmen of the World, 52 L. R. A. 444. When a forfeiture is sought on a doubtful provision, the language must be construed strictly against the insurer and in favor of the insured;…

1Opinion of the CourtJohnson, J.

This is an action on a death benefit certificate issued by defendant, a fraternal benefi.ciary society, incorporated in Nebraska and licensed to do business in this State. The defense is that all rights of the member and of plaintiff, his beneficiary under, the certificate, had been forfeited by the failure of the member to pay dues and assessments which had become due and payable in the month preceding that of his death. Plaintiff contends that the duties and assessments for that month were paid. The cause was tried without a jury and after hearing the evidence the court rendered judgment…

2Cases cited4 opinions

  1. Misselhorn v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1887
  2. Kohen v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1886
  3. Jones v. Insurance Co.Tennessee Supreme Court · 1891
  4. Gallop v. Royal Neighbors of AmericaMissouri Court of Appeals · 1912

3Cited by5 opinions

  1. Mitchell v. American Mutual Ass'nMissouri Court of Appeals · 1932
  2. Ellis v. State Mutual Life Assurance Co. of WorcesterAppellate Court of Illinois · 1917
  3. Carpenter v. St. Joseph Life InsuranceMissouri Court of Appeals · 1922
  4. Crohn v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
  5. Gaugh v. Southern Life InsuranceSupreme Court of Arkansas · 1929

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