Woodmen of the World v. Rutledge (1901) · DecisionDepot

Woodmen of the World v. Rutledge

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Aug 12, 1901 No. L.A. No. 912.Published

Before: Van Dyke, Henshaw

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Holding. The court held that an insurance association may waive a by-law provision limiting beneficiaries to those with an insurable interest by paying the disputed insurance proceeds into court.

Issues

Whether a beneficiary designation is valid when the association's by-laws are not shown to limit beneficiaries to those with an insurable interest.
Whether an insurance company may waive a by-law provision requiring an insurable interest by paying policy proceeds into court.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The provision limiting the beneficiaries of a policy to those having an interest in the life of the insured is primarily designed to protect the insurance company, and may therefore be waived by it, as was done in this case”

Synopsis

The facts are stated in the opinion of the court.

[645]

HENSHAW, J., concurring.

I concur in the judgment. If it were shown that the by-laws of the association limited the beneficiaries to those having an insurable interest in the life of the member, a different question would be presented. But no such showing is made, and the finding of the court is to the effect that the certificate was duly issued in accordance with the constitution and by-laws. The provision limiting the beneficiaries of a policy to those having an interest in the life of the insured is primarily designed to protect the insurance company, and may therefore be waived by it, as was done in this case, by its payment of the money into court.

Woodmen of the World v. Rutledge

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