Sligh v. Sovereign Camp W. O. W.
Supreme Court of South Carolina
Before WharEy, J., County Court, Richland, July, 1920. Action by Elizabeth R. Sligh against Sovereign Camp Woodmen of the World.
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Before WharEy, J., County Court, Richland, July, 1920. Action by Elizabeth R. Sligh against Sovereign Camp Woodmen of the World. Judgment for plaintiff and defendant appeals. cite: Distinctions betzveen warranties and representations in application for insurance: 107 S. C. 21; Joyce Ins., Sec. 1882, 1949; 14 R. C. R. p. 1039, Sec. 210. Parties are bound by plain terms of the contract even though they seem hard:. 110 S. C. 339. Whether applicant has consulted a physician is of vital importance: 96 Pac. 62 (Kans.) ; and such statements are warranties: Joyce Ins., Sec. 2070; 83 S. C. 239; 10 R.…
1DissentJustice Cothran
(dissenting) : The facts appear to be as follows :
On June 20, 1919, the defendant, which I shall refer to for convenience as the Company, issued to R. E. Sligh, member of a local camp, a beneficiary certificate for $1,000, payable at his death; the amount, however, to be reduced to $500 in the event of his death within the first year of his membership. The plaintiff was designated as the beneficiary. The insured man died on January 8, 1920, within the first year, of tubercular meningitis, and upon refusal of the Company to pay the insurance .this action was brought, resulting in a verdict,…
2Cases cited14 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Metropolitan Life Insurance v. BrubakerSupreme Court of Kansas · 1908
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- McClain v. Provident Sav. Life Assur. Soc. of New YorkCourt of Appeals for the Third Circuit · 1901
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