Mississippi Benevolent Mut. Aid Ass'n v. Banks
Mississippi Benevolent Mut. Aid Ass'n v. Banks
Opinion of the Court
delivered the opinion of the court.
Conceding that Stephen Banks was duly initiated and conformed- to all the requirements in making out and forwarding his application, and that, without negligence on his part, the original application was lost or misplaced, it still appears beyond dispute that only one certificate of insurance was issued, and that the applicant died in less than thirty days from the date of the issuance of this certificate. By the express terms of the policy there can be no recovery. There is only one contract, and this contract was accepted by Stephen Banks in his lifetime. The written application itself indicates that the policy is effective, not from the date of the application, but from the date of the policy. It appears to be. conceded by both parties that Stephen Banks would not be insured from the date of his initiation, or from the date of the written application, if no policy at all is issued. The policy or certificate is essential to the right of recovery. There was nothing about the written certificate or policy to be reformed. The officers of the Supreme, Lodge by the undisputed proof never received the first application, and acted only upon the second application, whether it'be termed a second or a duplicate. It would perhaps be gratifying to everybody to see the wife recover in this case, but under the law and facts she had no case.
Reversed and decree here for appellant.
Reversed.
Reference
- Full Case Name
- Mississippi Benevolent Mut. Aid Assn v. Banks
- Status
- Published
- Syllabus
- INSURANCE. Mutual benefit insurance. Reformation of policy to conform to application. Right of beneficiary. Where a member of a mutual benefit association made out and forwarded an application for life insurance which without his fault was lost and never received by the officers o'f the Supreme Lodge, and another application was executed and forwarded for him, which recited that it was only an application for a policy, which if granted, would become effective in thirty days after issuance; and a policy was duly issued and delivered which provided that if the member’s certificate had not been in force thirty days, no benefit would he allowed In ease of illness or death; and the member died less than thirty days from the date of issuance of the policy, in such case his widow, the beneficiary, could not have reformation of the policy so as to change its date to conform to the first application and thus render the benefit association liable.