58 Ga. App. 642 | Ga. Ct. App. | 1938
This was a suit by the guardian of minor beneficiaries against Sovereign Camp Woodmen of the World, on an insurance policy. The judge of the municipal court of Atlanta ren
1. The only question involved in this case is how the constitution, laws, and by-laws of the association are to be construed in the light of the facts of the case. There is no question of the court’s changing or rewriting the contract, nor is any question of public policy involved. We are to be guided by two fundamental rules of interpretation of insurance contracts; i.e., construction against the insurer in cases of doubt, and construction in favor of the object to be accomplished. In view of the agreed statement of facts we are of the opinion that the judgment of the lower court should be affirmed. The killing of the insured was justifiable. Therefore the policy was not voided under the terms of the policy providing that it should be void if the beneficiary should cause the death of the member, construing the provision to mean that the death should be illegal and without justification. The killing took place as the result of an apparent necessity to kill in order to protect the mother of the killer. It does not appear that the insured was violating any law at the time he was killed, or what, if anything, he was doing. The agreement as to the apparent necessity eliminates the idea of a real necessity; and therefore the policy is not voided by the member’s having been killed while engaged in an illegal attack on his wife. It would seem that the wholesome and salutary purpose of the provision with reference to a beneficiary’s causing the member’s death is to prevent a beneficiary from taking the life of an insured for the purpose of collecting the insurance. It falls too
Judgment affirmed.