Jones v. North Carolina Mutual & Provident Ass'n

Citations

• 105 S.C. 427
• 90 S.E. 30

Syllabus

<p>1. Insurance— Life Insurance — Rights of Beneficiary. — A beneficiary named in a life insurance policy has a vested interest, which can only be taken away by his consent or by virtue of the exercise of the right vested in the policy itself.</p> <p>2. Insurance — Life Insurance — Change of Beneficiary — Consent.— Under an ordinary life insurance policy issued in consideration of the application therefor, and subject only to the conditions and agreements named therein, and containing nothing conferring upon the insured the right to change the beneficiary named in the policy without her consent, neither the insured nor the insurer nor the two together had the right to change the beneficiary without her consent.</p> <p>3. Insurance — Life Insurance — Change of Beneficiary — -Evidence.— In an action involving the right of the insured to change the beneficiary named in the policy without her consent, the provisions of the insurer’s constitution and by-laws not brought to the insurer’s knowledge could not be resorted to in order to furnish authority for a change without the consent of the beneficiary.</p>