Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1891-05-29
Important Ruling In an Insurance Case.
INTERESTING READING FOR INSURER
AND INSURED.

| INTERESTING READING FOR INSURER
AND INSURED.
In the case of Mrs. Minnie G. Easley
against the Valley Mutual Life Association
of Virginia, tried during the present term
of the Circuit Court of Augusta before
Judge Mclaughlin and jury, the court at
the conclusion of the testimony gave an in
struction which not only disposed Of that
case, but is likely to be far reaching in its
| effects if the ruling is sustained by the
Court of Appeals, to which tribunal coun-
sci for plaintiff announced their purpose to
take it.
1t seems that Judge George W. Easley Of
Giles county, Virginia, took out policy
on his life in the Valley Mutual in 1885 for
the benefit of his wife Mrs. Minnie q.
Easley. On several occasions prior to
October, 1889, the insured had failed to pay
dues and assessments on his policy, but by
arrangements between him and the Assocl-
alton subsequent to these failures to pay,
the policy had been re-instated. On the
LIST day of October, 1889, the Valley Mutual
| Life Association mailed to Judge Easley
the usual notice that an assessment had
been made on his policy to pay death losses,
and that the same must be paid on OF
before October 31st, 1889, and that it not
paid by the last named day the policy would
become forfeited. Judge Easley received
this notice, but did not respond to it.
During the month of October and up to
about the 18th of November he was actively
engaged in the political canvass then going
on, being himself a candidate for seat in
the Senate of Virginia, to which, it may be
added. he was elected. After the election
and until about the 1st of December, Judge
E., who was practicing lawyer, was ell
gagged in business in the several Circuit
Courts in which he had cases. He went
to Richmond at the commencement OF the
session of the legislature, and was in his
seat in the Senate until the Christmas re-
cess. After the holidays he returned to
Richmond, but was in the Senate for only
one OF two days. He had been somewhat
aiiing before the recess, but about the 5th
Of January, 1890, he took to bed and died
on January 20, 1890. From the time notice
of the October assessment was mailed to
Judge Easley until his death, the Valley
). Mutual did not hear from him.
After his death, his personal representa-
tatives applied to the Lite Association for
blank forms to make proof OF his decease
in order to make a claim on the policy in
question, but tile Association declined to
furnish the forms, denying that there was
any liability on it IN the premises. There
upon Mrs. Easley instituted suit against
the Association, claiming that Judge Eas-
ley and many others had, heretofore, been
allowed to pay their assessments after their
maturity without forfeiture being insisted
on, and that consequently by reason Of this
2 course of dealing with Judge Easley and
others the Association was estopped from
claiming that Judge E. S policy was for
| feited at the time of his death in January,
Z 1890.
The defendant Association resisted this
claim on several distinct grounds; but the
ground on which the case was decided was
this: That the charter of this Association
which is it's constitution, OIL supreme law
providing as it does in it's 18th clause, thai
if party insured fails to pay an assess
S ment made on him, within 80 days after he
S receives personal notice of the assessment
$ OF after it is mailed to him, the policy by
reason of such failure, becomes by virtue
V of said 18th clause absolutely forfeited; that
t no official OF authority of the Association has
| 10
ure in advance; and that if after the for
fixture thus takes place the insured die
G without being subsequently re-insured, O.
G reinstated, there is no liability On the AS
n sociation.
t The defence was formulated in the fol
lowing instruction which counsel for the
f defendant Association asked the court t.
give the jury:
: IF the jury shall believe that the 9TH clause
e of the charter of the defendant Association i
as follows: 9th. Any person between til
o ages of q and Is can become member Of sal
corporation under such rules and regulation
as shall be adopted as bylaws of the corpo
: ration. and by signing an agreement to pay
- pro rata proportion on the death of any mem
I Der, which each member shall be liable for
and in default of payment thereof, after
days notice in person. or 80 days from date o
mailing same to his address, shall cease to b
a member and shall forfeit all rights, It'll
IS and interest in said corporation together wit
n the amount which may have been previousl,
!. paid"
&C. And if the jury shall also believe from til
" evidence that the insured, Geo. W. Easley
10 was the person, who, by the contract upo
It which the policy of insurance on his life, c
X certificate of membership as it is called, sue
/. on in this case, was issued, was to pay all as
l. sessments made under OF upon said certifcat
is of mem bership.
1e And if they shall further believe from I'll
u evidence that notice of assessment of ST.
= under OF upon said certificate of membershi
was by the defendant Association on the i
day of October, 1889, addressed and du]
mailed to said Geo. W. Easley at Pearisbur!
~ Giles Co., Va, requiring him to pay said a
ue sessment on OF before the 31st day of Octobe
Ell 1889, and that said Pearisburg was the usuf
ne and proper post-ofice address OF said Geo. v
o. o. Easley for the purpose of notifying him {
ne assessments and dues under til policy OF ce
IS tificate of membership aforesaid.
And if they shall further believe from til
IL evidence that said assessment was not paid
We rendered by said Geo. W. Easley, or by al
" one else, to the defendant Association with
~ 80 days from the time said notice was addres
n ed and mailed to him as aforesaid:
70 Then tho court instructs the jury that a
81 cording to the true construction Of the Il
clause of the charter of the defendant Assoc
~ alton which clause is hereinbefore set fortl
- the failure to pay OF tender payment of sal
ne assessment on OF before the 31st day of Oct
ly Der, 1889, operated forfeiture of the polio
h, or certificate of membership sued on in TIL