DocketNumber: CC 530
Citation Numbers: 182 S.E. 82, 116 W. Va. 481
Judges: LITZ, PRESIDENT:
Filed Date: 10/15/1935
Status: Precedential
Modified Date: 1/13/2023
This is an action by notice of motion for judgment on a certificate of life insurance for $1,000.00 issued by defendant, Sovereign Camp of Woodmen of the World, to Arthur A. Shaw, a member of the association, and brother of plaintiffs, Floyd E. Shaw and Charles W. Shaw. The certificate was issued originally February 15, 1908, designating Anna M. Shaw, wife of the insured, beneficiary. She having died in February, 1933, the insured entered into a second marriage April 25, 1933, with one Ida Mae McAtee, who had theretofore, on March 7, 1933, obtained a divorce from James M. McAtee, a former husband, in the circuit court of Wood County, West Virginia. The decree of divorce prohibited the remarriage of each of the parties, except to each other, for six months, in accordance with Code 1931, 48-2-22. A new certificate, payable to Ida Mae Shaw, as wife of insured, was issued, in lieu of the original, May 24, 1933. The insured was murdered by the beneficiary, Ida Mae Shaw, June 20, 1933. The constitution and by-laws of the association provide that the certificate of insurance shall be forfeited if the death of the insured be caused by the intentional act of the "beneficiary or beneficiaries or any of them," and that if all of the beneficiaries designated in the certificate shall die before *Page 483
the insured, and no new designation is made, the benefits, under the certificate shall be paid to the distributees of the estate. The defendant filed two special pleas, denying liability, based upon the provision of the constitution and bylaws of the association forfeiting the certificate of insurance for death of the insured by the beneficiary. In special replications to the pleas, plaintiffs contend that the forfeiture provision is not applicable because Ida Mae Shaw, designated as beneficiary in the certificate, was not the lawful wife of the assured. The trial court sustained demurrers to the special replications and certified the ruling to this Court for review under Code 1931,
This Court held, by divided opinion, in Hall v. Baylous,
As was stated in Gerling v. Agricultural Insurance Co.,
The ruling of the circuit court is, therefore, affirmed.
Affirmed.