Opinion · Sclaw South Carolina
JONES v. NORTH CAROLINA M. P. ASSN., 105 S.C. 427 (1916)
JONES v. N.C. Mut. PROVIDENT ASS'N., 90 S.E. 30 (S.C. 1916)
- Type
- Opinion
- Court
- Sclaw South Carolina
- Jurisdiction
- Sclaw
- Date
- 1916-09-21
- Topic
- general
JONES v. NORTH CAROLINA M. P. ASSN., 105 S.C. 427 (1916) 90 S.E. 30 JONES v. NORTH CAROLINA MUTUAL PROVIDENT ASS'N. 9516Supreme Court of South Carolina.
Citator
UpLaw has not yet analyzed JONES v. NORTH CAROLINA M. P. ASSN., 105 S.C. 427 (1916). The absence of a flag is not a finding that it is good law.
JONESv.NORTH CAROLINA M. P. ASSN.,105 S.C. 427(1916)
90 S.E. 30
JONES v. NORTH CAROLINA MUTUAL PROVIDENT ASS'N.
9516
Supreme Court of South Carolina.
September 21, 1916.
The decree of the Circuit Court was as follows:
This case comes before me upon appeal from a judgment in favor of plaintiff in the Court of Magistrate J.S. Hammond.
It appears from the pleadings, the evidence, and the exception, and also upon the argument before me, that there is really only one question involved.
If the party insured, J.R. Davis, on account of whose death while he was holding a policy in the defendant association the suit was brought to recover the amount specified in the policy, had a right to require the company to make thePage 428loss payable to a new beneficiary, without the consent of Hattie Jones, the beneficiary named in the policy, then the judgment of the magistrate might be reversed. If on the other hand, no such right existed, without the consent of Hattie Jones, the judgment of the magistrate should be affirmed and the appeal dismissed.
The policy seems to be an ordinary life insurance policy, as distinguished from a certificate of membership in a mutual protective association. It is issued in consideration of the application thereof and of the payment of premiums specified therein, and is subject only to the conditions and agreements named therein. There is nothing whatever in the policy itself conferring the right upon the assured to change the beneficiary, without her consent. The South Carolina authorities cited by counsel for the defendant seem to establish clearly legal proposition that a beneficiary named in a life insurance policy has a vested interest which can only be taken away by her consent or by virtue of the exercise of the right vested in the policy itself.
I am not impressed with the position taken by defendant to the effect that the provisions of its constitution and by-laws can be resorted to in order to furnish authority for a change, without the consent of the beneficiary. My impression is that the correct principle applicable in such matters is stated in the case ofRelief Fire Insurance Co.v.Shaw,94 U.S. 574,24 L.Ed. 291.
My conclusion is that neither the insured nor the defendants, nor the two together, had at any time after the issuing of the policy involved in this suit the right to change the beneficiary, and thereby destroy the vested interest of Hattie Jones in the policy, without her consent.
It is, therefore, ordered that the judgment of the magistrate be affirmed, and the appeal of the defendant dismissed.Page 429