9. INSURANCE-AGENTS-BREACH OF CONTRACT BY PRINCIPAL ISSUES. In an action by a life insurance agent for special damages for the company's breach of its contract to advance to the agent, as funds with which to continue his work, the amount of his commission in premium notes taken by him, he cannot recover for the balance of commissions included in notes not paid, since the need of the funds ceased when the agent accepted the breach as terminating his contract and sued for damages. (For other cases, see Insurance, Cent. Dig. § 111; Dec. Dig. § 84[2].) 10. INSURANCE-AGENTS-BREACH OF CONTRACT OF PRINDAMAGES. CIPAL In an action for breach of an insurance company's contract to make advances to the agent to enable him to continue work, plaintiff could not recover for the loss of the business, given up by him to accept employment with the insurance company. (For other cases, see Insurance, Cent. Dig. § 115; Dec. Dig. § 85.) Appeal from District Court, Wichita County; E. W. Nicholson, Judge. Action by W. L. Griffith against the San Antonio Life Insurance Company. Judgment for plaintiff for part of the amount sued for, and defendant appeals, and plaintiff files a cross-appeal. Modified by reducing the amount, and affirmed. John F. Onion, of San Antonio, and Carrigan, Montgomery & Britain, of Wichita Falls, for Appellant. Chauncey & Davenport, of Wichita Falls, for Appellee. FIRST TEXAS STATE INS. CO. vs. CAPERS. (No. 7075.)* (Court of Civil Appeals of Texas. Galveston.) 1. INSURANCE-LIFE POLICY-FORFEITURE-WAIVER. Forfeiture of a life policy for failure to seasonably pay a premium, and provisions for manner of reinstatement, are waived by a receipt and retention of the past-due premium by insurer's agent, duly authorized to receive it, with knowledge that it had not been paid in time. (For other cases, see Insurance, Cent. Dig. §§ 1041-1056, 1058-1070; Dec. Dig. § 392.) Appeal from Harris County Court; C. C. Wren, Judge. Action by John B. Capers against the First Texas State Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed. Baker, Botts, Parker & Garwood and W. A. Parish, all of Houston, for Appellant. Atkinson, Graham & Atkinson and Heidingsfelders, all of Houston, for Appellee. * Decision rendered, Feb. 12, 1916. Rehearing denied, March 2, 1916. 183 S. W. Rep. 794. FIRST TEXAS STATE INS CO. vs. BELL. (No. 1565.)* (Court of Civil Appeals of Texas. Texarkana.) Under Rev. Civ. St. art. 4742, subd. 3, declaring that no policy of life insurance shall be issued providing for any mode of settlement at maturity of less value than the amounts insured on the face of the policy, plus dividends, and less any indebtedness on the policy, etc., a stipulation in a policy, that if insured should die from heart disease within one year from its date the insurer's liability would be limited to one-fourth of the principal sum named, was unenforceable and presented no defense to a claim for the full amount of the policy. (For other cases, see Insurance, Cent. Dig. §§ 1300-1302; Dec. Dig. § 515.) Appeal from Harrison County Court; Geo. L. Hufman, Judge. Action by Sam Bell against First Texas State Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed. Bibb & Bibb, of Marshall, for Appellant.. Cary M. Abney and M. M. O'Banion, both of Marshall, for Appellee. Decision rendered, Feb. 23, 1916. Rehearing denied, March 9, 1916. 184 S. W. Rep. 277. CHRISTMAN vs. CHRISTMAN ET AL.* (Supreme Court of Wisconsin.) 1. INSURANCE-LIFE INSURANCE-CHANGE OF BENEFICIARY -MARRIED WOMEN-STATUTE. Since under St. 1915, § 2347, providing that where an insurance policy is expressed to be for the benefit of a married woman, it shall be her separate property, where the insured made his wife the beneficiary of an insurance policy, reserving the right to change the beneficiary at any time by written notice to the company, she took a vested interest in the policy, subject to be divested only in the manner reserved in the policy, a provision in his will, bequeathing the proceeds of the policy to others, did not operate a change of beneficiary. (For other cases, see Insurance, Cent. Dig. § 1469; Dec. Dig. § 587.) 2. INSURANCE LIFE INSURANCE MARRIED CHANGE OF BENEFICIARY. WOMEN Since the wife took a vested interest in the policy, although her status as a married woman was changed by divorce, the policy would still belong to her, because her interest therein had not been effectually divested. (For other cases, see Insurance, Cent. Dig. § 1470; Dec. Dig. § 586.) * Decision rendered, May 23, 1916. 157 N. W. Rep. 1099. Appeal from Circuit Court, Rock County; George Grimm, Judge. Action by Emily M. Christman against Harrison E. Christman, as executor of Farmer W. Christman, and others. Judgment for plaintiff, and defendants appeal. Affirmed. Charles E. Pierce, of Janesville, for Appellants. NATIONAL LIFE INS. CO. OF UNITED STATES ET AL. vs. BRAUTIGAM ET AL.* (Supreme Court of Wisconsin.) INSURANCE-LIFE INSURANCE-CHANGE OF BENEFICIARYMARRIED WOMEN-STATUTE. St. 1915, § 2347, preventing the divesting of the rights of a married woman beneficiary under a life insurance policy without her consent, applies only to cases where no reservation of the right to change the beneficiary is made or provided for in the policy, operating in all cases where no reservation of right to change the beneficiary is made or provided for, but permitting the insured, where the right to change the beneficiary is reserved, to change the beneficiary, though a married woman, in conformity with the terms of the reservation. (For other cases, see Insurance, Cent. Dig. § 1469; Dec. Dig. § 587.) Appeal from Circuit Court, Milwaukee County; Lawrence W. Halsey, Judge. On rehearing. Former judgment vacated, judgment below reversed, and cause remanded, with directions. For former opinion, see 154 N. W. 839. J. O. Carbys, of Milwaukee (Miller, Mack & Fairchild, of Milwaukee, of counsel), for Appellants. Joseph R. Dyer, of Milwaukee (Olin, Butler, Stebbins & Stroud, of Madison, of counsel), for Northwestern Mut. Life Ins. Co. Rubin, Fawcett & Dutcher, of Milwaukee (Paul R. Newcomb, of Milwaukee, of counsel), for Respondent. * Decision rendered, May 2, 1916. 157 N. W. Rep. 782. ORMOND vs. McKINLEY.* (Supreme Court of Wisconsin.) INSURANCE-FRATERNAL BENEFIT INSURANCE-CHANGE IN BENEFICIARY-STATUTE. Under St. 1898, § 1955c, intended to apply to all mutual benefit and fraternal societies by omitting the limitation of the prior statute confining its application to those organized in Wisconsin, and providing that * Decision rendered, May 2, 1916. 157 N. W. Rep. 786. any member of such a society may name as his beneficiary any person having an insurable interest in his life, and may change the beneficiary named in his certificate or policy without the consent of such beneficiary, a member of a fraternal benefit society whose certificate named his then wife as beneficiary, could, after divorce, by complying with the rules of his order, change the certificate to make his second wife the beneficiary, entitling her to the benefit on his death, the provisions of the statute being part of the terms of the certificate, and all persons acquiring any interest therein receiving it subject to the conditions imposed. (For other cases, see Insurance, Cent. Dig. § 1946; Dec. Dig. § 780.) Appeal from Circuit Court, Manitowoc County; Michael Kirwan, Judge. Action by Laura Ormond against Nellie McKinley. From an order sustaining demurrers to the answer and cross-complaint, defendant appeals. Affirmed. Otjen & Otjen, of Milwaukee, for Appellant. Hougen & Brady, of Manitowoc, for Respondent. FIRE, TORNADO, ETC. COURT OF APPEALS OF KENTUCKY. NIAGARA FIRE INS. CO. 918 LAYNE.* 1. INSURANCE—AVOIDANCE OF POLICY-INCUMBRANCES. Where insurer makes no inquiry, failure of insured to disclose the existence of a mortgage will not avoid the policy, unless the insured knew of the incumbrance, and it was such that an ordinarily prudent person would know it to be material to the risk. (For other cases, see Insurance, Cent. Dig. §§ 613, 614; Dec. Dig. § 282[6].) 2. INSURANCE-AVOIDANCE OF POLICY-FRAUD. To avoid a policy there must be a fraudulent concealment of a material fact. (For other cases, see Insurance, Cent. Dig. §§ 538-542; Dec. Dig. § 253.) 3. INSURANCE-ACTIONS COVERY. ON POLICIES-AMOUNT OF RE Evidence examined, and held to show that the loss of the insured was substantially less than the verdict. (For other cases, see Insurance, Cent. Dig. § 1722; Dec. Dig. § 665[4].) Appeal from Circuit Court, Pike County. Action by Marion Layne against the Niagara Fire Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded. See, also, 162 Ky. 665, 172 S. W. 1090. Hager & Stewart, of Ashland, and James Sowards, of Pikeville, for Appellant. J. J. Moore, of Pikeville, for Appellee. CARROLL, J. This is the second appeal of this case by the insurance company. The opinion on the former appeal may be found in 162 Ky. 665, 172 S. W. 1090. On the former appeal the question involved was whether the liability of the appellant insurance company on a policy issued on a stock of merchandise incumbered by a mortgage could be avoided on the ground that the company, at the time it issued the insurance, had no notice of the mortgage. In considering and disposing of this question the court, after referring to a number of authorities, said: "From these authorities, it will be seen that the rule in this * Decision rendered, May 23, 1916. 185 S. W. Rep. 1136. |