29 So. 2d 110 | Miss. | 1947
This action originated in the court of a justice of the peace, whence appellant here appealed to the Circuit Court of Winston County, and from an adverse judgement there, it appealed here.
A widowed mother obtained a burial insurance policy from appellant on December 15, 1936 in consideration of the application "and the payment of $1.00 by the head of the family as membership fee and further payments of $1.00 on the 15th day of each month hereafter," (for which) "the Mississippi Benefit Association, upon receipt of notice of the death of any of the following persons residing together as one family," naming them, contracted to furnish a funeral at a cost not exceeding $150. Among the children listed was Nyles Majure, agreed to be the same person as Gordon Niles Majure, deceased, who was twenty years of age at the time of his death, and unmarried.
The record contains an agreed statement of facts to the effect that the above statements are true and in addition, that on September 18, 1944, Niles Majure lost his life in the country of Holland in active combat, as a soldier of the United States, from enemy action; that he was drafted into the army from Winston County, Mississippi, at a time when he was living and residing with his mother and the other members of the family mentioned in the policy as one family; that he removed from Mississippi under military orders; that his death did not *189 occur "in any state of the United States" but that he died in the country of Holland. Notice of the death of the said Niles Majure was given appellant, and it was requested to make the payment of $150 in cash. It was also agreed that the appellant association had no representative in Holland and carried on no business there. There were other matters in the agreed statement of facts of which we need take no notice because of the agreed issues before us.
Both parties agreed that the questions involved were: "Whether or not Niles Majure was residing together as a member of the family of Mrs. Jeffie Majure and the other members mentioned in the policy at the time of his death"; and (2) "whether or not the phrase `removal to another state' limited the policy to mean `a state of the United States.'"
The policy contained this special provision, which is pertinent here: "Should the insured hereunder remove to another state and should the Association be not represented there, then this contract if in full force and effect, will become a `Cash Policy' in lieu of the funeral expenses for `100 per cent' of the amount applicable shown above."
The policy itself offers no definition of "state"; contains no specific limitation to the United States of America or the members thereof; and does not expressly provide that death in a foreign country is not covered by the policy. The first inquiry is, what does the language, "remove to another state," mean.
Appellant cites for our consideration United States Fidelity
Guaranty Co. v. Wilson,
This Court, in a case involving the issue, whether Mississippi as one of the Confederate States was identical with Mississippi as one of the United States, following the termination of the war between the States, and the effect of the surrender of the Confederacy on "treasury notes" issued by the former, sought to be used to pay taxes to the provisional government of the latter, defined a "state" as: "a body politic, or a society of men, united together to promote their safety and advantage, by means of their union; who are guided and directed by the public political authority — the government. Government is the ligament that holds the political society together, and when that is destroyed, the society as a *191
political body is dissolved." Thomas v. Taylor,
Since the policy here does not limit its coverage to member states of the American Union, we cannot do so; and since Holland is a state, where Niles Majure died, and where appellant had no representation, the appellant became liable to pay $150 in cash on his death, instead of furnishing the funeral described in the policy. In our judgment, the effect of the verbiage of this policy means that the Association would be liable for the cash payment, if an insured died in any locality under the dominion of an organized government, outside of the State of Mississippi, provided the circumstances otherwise complied with the terms of the insurance contract.
Had Niles Majure removed from Mississippi at the time of his death? We have decided the meaning of "state," supra. "Remove" is defined in Webster's New International Dictionary, 2nd Ed., and one of the definitions is "to change or shift the location, position, station, or residence . . . usually with to and specified place; as, to remove the troops to the front. . . ."; and "remove commonly applies to a change of station or position." This policy does not itself define "removed," or provide that it means the whole family as a unit must remove together. It contains no condition prescribing whether the removal must be voluntary or involuntary. Here, this young man was caused to remove from Mississippi by the United States Government, and he was thus brought within the meaning of "remove" as used in the policy. The provision itself was undoubtedly intended by the appellant Association to save itself the added expense of a funeral in another locality, out of Mississippi, where it had no agents. The fact that the funeral itself would represent only a value of $150 to assured did not mean that the cost and expense to appellant in a remote locality would not exceed that amount. Therefore, under the circumstances of such removal to another state where appellant had no representation, *192 the policy would then become a cash policy for the amount of the cost of the funeral, $150, in lieu of funeral items, such as "casket, hearse, embalming, outside box, and burial garment." The policy is one of life insurance.
Indeed, we have heretofore held that a burial insurance contract constitutes life insurance. Peterson et al. v. Smith,
We think the case of Wright v. Bank of Southwestern Georgia,
In view of what we have said, supra, it follows that, in our opinion, the coverage of the policy still extended to Niles Majure as of the time of his death, and appellant became liable to pay the "cash policy" of $150 for which this action was brought. The judgment of the trial court was correct, and it is
Affirmed.