Alba v. Provident Savings Life Assur. Society

Citations

• 118 La. 1021
• 43 So. 663
• 1907 La. LEXIS 841

Syllabus

<p>1.Appeal —Dismissal —Verbal Inaccubacies.</p> <p>When, from the motion and order of appeal, it is clear that it is the litigant, through his counsel, who complains of the judgment, and who prays for, and is allowed, the appeal, such appeal will not be dismissed because of some slight confusion in the pronouns used.</p> <p>2. Insurance — Policy—Change oe Beneeiciary.</p> <p>Where, by agreement between the insurer and the assured, a beneficiary is named in a policy of life insurance, subject, however, to the expressed condition that the assured may, thereafter, at any time, upon notice to the insurer, change such beneficiary, the original beneficiary has no standing to interpose between the contracting parties, and prevent the assured from exercising the right thus secured to him by his contract.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 28, Insurance, § 473.] •</p> <p>3. Same — Who may Question Change.</p> <p>When the original beneficiary, named in a policy of life insurance which authorizes the assured to change the beneficiary at any time, is the wife of the assured, and the assured, thereafter, changes the beneficiary and assigns the policy to the person whom he substitutes for the wife, the question of the validity of the change and assignment so made is one that, in no manner, concerns a minor child, issue of the marriage between the assured and his said wife.</p> <p>(Syllabus by the Court.)</p>