Modern Woodmen of America is the third-largest fraternal benefit society in terms of assets and has grown to over 700,000 members. The name was inspired by pioneer woodmen who “cleared forests to build homes and communities and provide security for their families.” The association sponsors activities and supports community projects, but it is best known for providing life insurance to its members. This brought the organization into the headlines when a member died, and his wife had to sue to receive his insurance benefits. On this date in 1926, the Bismarck Tribune reported that Modern Woodmen had filed an appeal with the state Supreme Court in the case of McEnany v. Modern Woodmen.
Patrick McEnany had purchased a life insurance policy with Modern Woodmen in 1894. When he passed away in 1925, his widow expected to receive the life insurance payout. However, the organization refused to pay, claiming that Patrick McEnany was not a member in good standing at the time of his death. McEnany had filed for disability benefits the previous December, received a check, and deposited it in the bank. By doing so, he ended his membership with the Woodmen, and his life insurance was no longer in effect. When Mrs. McEnany applied for her husband’s death benefits, the organization refused, stating he was not a member in good standing. She took them to court.
At first, the case seemed clear-cut in favor of the Woodmen, but there was a complication. McEnany had signed the papers and returned them to the Woodmen, and they, in turn, had sent a check to him. He had even deposited the check in the bank. However, there was a catch. At that time, a check deposited in the bank took time to clear. The bank notified the Woodmen that they needed to send the money to cover the check, but that took time. The check had still not cleared when McEnany died, so the contract had not been completed. The judge ruled in favor of Mrs. McEnany.
The Woodmen appealed the decision to the North Dakota Supreme Court, which affirmed the lower court’s ruling. Mrs. McEnany finally received her money.
Dakota Datebook by Dr. Carole Butcher
Sources:
- Bismarck Tribune. “Woodmen Appeal Decision From Decision in Williams Court.” Bismarck ND. 1/23/1926. Page 2.
- Bismarck Tribune. “High Court Favors Plaintiff in Suit Over Insurance.” Bismarck ND. 7/22/1026. Page 1.
- Modern Woodmen of America. “About Us.” https://www.modernwoodmen.org/about-us/who-we-are/ Accessed 12/10/2024.
- CaseText. “McEnany v. Modern Woodmen of America.” https://casetext.com/case/mcenany-v-modern-woodmen-of-america Accessed 12/10/2024.
