20 N.W.2d 332 | Minn. | 1945
In all essential respects the facts in this case are the same as those that were before this court in Wait v. Journeymen Barbers' International Union,
Decedent became a member of the local organization in February 1911, and he remained so in good standing until October 1930, a period of more than 19 years. He then requested a "retiring card," which was duly granted. In August 1933, he was permitted to return to and was accepted by the local union, and he deposited his retiring card with it, all in conformity with defendant's requirements. In November, he was suspended for nonpayment of dues. Two years later, November 1935, he was again admitted as a member and paid the required charges for readmission. He remained a member in good standing until his death on September 5, 1944, a period of eight years and ten months of continuous membership immediately before his death. *524
1. Here, as in the Wait case, our duty is to construe defendant's contractual obligations in the light most favorable to the beneficiary.
2. So the issue is whether plaintiff is entitled to recover only $200, admitted by defendant to be due and paid by it, or the maximum amount of $500. Plaintiff relies upon our decision in the Wait case,
Defendant seeks to distinguish the Wait case. Insofar as principle is concerned, there is and can be no distinction. The only difference in the facts is that here the insured applied for and was granted a "retiring card" and was later suspended for failure to pay dues. The insured was, however, later readmitted, continued to be a full beneficiary member thereafter for a period of nearly nine years, and died while such membership was in full force and effect. Therefore, on the authority of the Wait case, the requirements of continuous contributing membership for 15 years having been met, with death occurring while the insured was a member in good standing, although the 15-year continuity of membership did not immediately precede death, plaintiff was entitled to recover the maximum benefit of $500. *525
In reaching this conclusion, we have not overlooked the provisions of Article XVII, §§ 2, 3, 4, and 5. Thereby it seeks to bring into the insurance contract certain directions with respect to payment of dues. We have carefully read these sections, but we conclude that they do not aid defendant, for the simple reason that the insured was well within the 15-year period before taking out his retiring card; that he was later duly reinstated and as such was possessed of (Article XVII, § 5) "all the rights and privileges enjoyed prior to taking out said retiring card." Furthermore, the record discloses these stipulated facts by Mr. Schriber, speaking for defendant (p. 15, fol. 45):
"In November 1935 he [the insured] was readmitted as a union member, and he paid the required fee at that time to require admission. * * * He continued to be a member in good standing, and paid his dues regularly from that time until his death in September 1944."
The result reached by the trial court is obviously right, and its order is affirmed.