American Insurance Union v. Woodard

Supreme Court of Oklahoma

American Insurance Union v. Woodard

1926 OK 547, 247 P. 401, 118 Okla. 243, 1926 Okla. LEXIS 892

CourtSupreme Court of Oklahoma

DecidedJune 15, 1926

Docket16389

StatusPublished

Cited by4 cases

This text of 1926 OK 547 (American Insurance Union v. Woodard) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Insurance Union v. Woodard, 1926 OK 547, 247 P. 401, 118 Okla. 243, 1926 Okla. LEXIS 892 (Okla. 1926).

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Opinion

Opinion by

STEPHENSON, O.

The Home Protective Association, a fraternal insurance company, issued a contract of insurance to Jacob Woodard, one of its members. The contract provided that the insurance company would pay to the beneficiary .$100 if the insured died within six months from the date of the certificate. The contract further provided that the face value of the policy should be increased $12.50 each calendar month, until the liability reached che sum of $1,000. -The policy was issued in May, 1917. The American Insurance Union assumed the obligation of the Home Protective Association in the contract, and bound itself to answer for all the obligations of the contract to the insured and beneficiary. The American Insurance Union declared a forfeiture of the contract of insurance in October, 1923, on the ground that Jacob Woodard had failed to pay the premium due on the policy. The insured was about 65 years of age at the time the plaintiff in error declared a forfeiture of the policy.

The insured commenced an action against the insurance company for damages for the wrongful breach of the contract. The trial of the cause resulted in judgment for the plaintiff. The insurance company has appealed the cause here for review, and assigns the same errors in this case as were assigned for reversal in the case of American Insurance Co. v. Rosa Woodard, No. 16816, this day decided, (infra, 248).

The facts involved in this appeal are the same as were involved in the Rosa Woodard Case, although the court arrived at the damages suffered by the plaintiff according to the rule stated in the Rosa Woodard Case, except the court did not allow interest on the premiums necessary to carry the contract for the remainder of the life expectancy of the plaintiff, and -did not allow interest on the present value of the policy. The plaintiff did not cross-appeal, and assigned such failure as error. The conclusions reached in the case of American Insurance Union v. Rosa Woodard, supra, dispose of the contentions of the plaintiff in error in this case, adversely to the claims of the latter.

The judgment is affirmed.

By the Court: It is so ordered.

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Opinion by

STEPHENSON, O.

The Home Protective Association, a fraternal insurance company, issued a contract of insurance to Jacob Woodard, one of its members. The contract provided that the insurance company would pay to the beneficiary .$100 if the insured died within six months from the date of the certificate. The contract further provided that the face value of the policy should be increased $12.50 each calendar month, until the liability reached che sum of $1,000. -The policy was issued in May, 1917. The American Insurance Union assumed the obligation of the Home Protective Association in the contract, and bound itself to answer for all the obligations of the contract to the insured and beneficiary. The American Insurance Union declared a forfeiture of the contract of insurance in October, 1923, on the ground that Jacob Woodard had failed to pay the premium due on the policy. The insured was about 65 years of age at the time the plaintiff in error declared a forfeiture of the policy.

The insured commenced an action against the insurance company for damages for the wrongful breach of the contract. The trial of the cause resulted in judgment for the plaintiff. The insurance company has appealed the cause here for review, and assigns the same errors in this case as were assigned for reversal in the case of American Insurance Co. v. Rosa Woodard, No. 16816, this day decided, (infra, 248).

The facts involved in this appeal are the same as were involved in the Rosa Woodard Case, although the court arrived at the damages suffered by the plaintiff according to the rule stated in the Rosa Woodard Case, except the court did not allow interest on the premiums necessary to carry the contract for the remainder of the life expectancy of the plaintiff, and -did not allow interest on the present value of the policy. The plaintiff did not cross-appeal, and assigned such failure as error. The conclusions reached in the case of American Insurance Union v. Rosa Woodard, supra, dispose of the contentions of the plaintiff in error in this case, adversely to the claims of the latter.

The judgment is affirmed.

By the Court: It is so ordered.

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Bluebook (online)

1926 OK 547, 247 P. 401, 118 Okla. 243, 1926 Okla. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-insurance-union-v-woodard-okla-1926.

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