Circle, Daughters of Isabella, vs. National Order of the Daughters of Isabella (N. Y.).... (693) Plan of organization of fraternal society set forth in constitution, cannot be amended/by simple by-law not enacted according to the provision of the constitution relating to its amendment. Kirkpatrick vs. Abrahams et al. National Council of Knights and Ladies of Security vs. Farrelly (Kan.)....... (694) Assets of fraternal society belong to organization composed of persevering and surviving members. Bowman vs. Anderson et al. (Mo.) 292 397 239 624 Member of fraternal order before expulsion is entitled to fair trial before impartial, tribunal. Reed vs. National Order of Daughters of Isabella (N. Y.)... (695) Directors did not act in good faith. Bowman vs. Anderson et al. (Mo.). 289 (697) Local lodge has right to secede. McCarty vs. Cavanaugh et al. (Mass.). 286 Local council and officers are agents of National Association although by-laws provide to contrary. O'Connor vs. Knights and Ladies of Security (Iowa). The surrender of New Jersey charter did not work dissolution of the order so as to authorize a diversion of its properties and assets. Schriner et al. vs. Sachs et al. (Pa)... (705) Member of unincorporated association, successor of earlier corporation, became member of new corporation under statute. Supreme Lodge, Knights of Pythias, vs. S. Mims (U. S.). (707) Resolution at meeting of members, benefits of living members be terminated, etc, is not resolution to dissolve association and does not relieve it from liability to member who dies subsequently. Doscher V8. Vanderbilt (N. Y.).. (B) THE CONTRACT IN GENERAL. (712) "Other relatives" appearing by the context to refer to blood relatives would be accorded benefit of laws of state. Tulte vs. Supreme Forest Woodmen Circle (Mo).. 384 503 255 477 291 491 477 38 255 In absence of showing to contrary, it is presumed that right of company located in another state to make by-laws, is governed by laws of that state. Garrett vs. Garrett (Cal.). (713) Compliance with requirement of by-laws created contractual relationship. Doscher VS. Vanderbilt (N. Y.).. (719) Changes applied to preexisting contracts. Eminent Household of Columblan Woodmen vs. Hewitt (Ark.). Right to amend charter extends to an increase in rates. Supreme Lodge, Knights of Pythias, vs. S. Mims (U. S.)... Provision in certificate relating to presumption of death would govern it read at time of disappearance. Linneweber et al vs. Supreme Council, Catholic Knights of America (Cal.).. By-laws of fraternal association apply to certificate issued before enactment. Apitz vs. Supreme Lodge Knights & Ladies of Honor (Ill.) Order of suspension after six months' disappearance is enforceable against beneficiary. Royal Arcanum vs. Vitzthum (Md.)...... 285 Competent for parties to contract to stipulate what alone should be legal notice of change. Gibson VS. Iowa Legion of Honor (Iowa) as Society cannot by amending its by-laws during illness of member, reduce amount it has already become liable for. Maheu VS. L'Union Lafayette (Me.).. (720) Certificate not delivered and society was not liable. 282 284 616 620 Clinton VS. Modern Woodmen of America (Ark.). (723) Insurer was not liable for death benefit on account of misrepresenta 379 38 ..... tions. Cunningham vs. National Americans (Ark.).. If statement by applicant is untrue in material matter he will avoid policy. Bednarek vs. Brotherhood of American Yeomen (Utah).. 191 There could be no recovery owing to false representations. Knights and Ladies of Security vs. Considine (Colo).. 283 Where company issuing policy could not have been prejudiced by answers, and death of insured resulted from causes wholly unrelated the matter about which alleged untruthful answers were given, defense based upon their untruth cannot avail. Farragher vs. Knights and Ladies of Security (Kans).. Representations as to previous health material to risk. Sowiczki vs. Modern Woodmen of America (Mich). to (724) Lodge was estopped to deny that he was a member. Sovereign Camp of Woodmen of the World vs. Jackson (Okla.). Where applicant makes truthful statement, insurer will be deemed to waive written warranties in the application in so far as they are not in accord with the facts disclosed to examiner. Bednarek vs. Brotherhood of American Yeomen (Utah). Association could not be bound by waiver or estoppel to a contract which its charter would not authorize. Tuite vs. Supreme Forest Woodmen Circle (Mo.).. Where there was no notice to insured of reduction in certificate or increase in payment, there could be no waiver of right to urge that change was invalid. Gibson V8. Iowa Legion of Honor (Iowa) 388 390 52 191 291 616 Plaintiffs were not estopped to assert changes were not lawfully made. Gibson vs. Iowa Legion of Honor (Iowa). 616 (728) Assignee of member had legal right to demand and sue for amount to be paid by the association. Doscher vs. Vanderbilt (N. Y.).. 477 (729) Valid contract cannot be abrogated without consent of member. Doscher vs. Vanderbilt (N. Y.)... 477 (736) Membership was not forfeited for failure to pay assessment where not so ordered by president. Zender vs. Detroit Lodge No. 1 of Knights of Royal Ark. et al. (Mich.). not estop Gibson VS. 46 616 (738) Waiver created by payment of illegal assessment can assured from refusing to continue to pay same. Iowa Legion of Honor (Iowa). (743) Voluntary payments of premiums by one not a beneficiary of policy cannot be recovered. Lawson vs. United Benev. Ass'n (Tex.).. 57 Only remedy which beneficiary had was to recover back money insured had paid in premiums. Tuite vs. Supreme Forest Woodmen Circle (Mo.).... Where society held certain unlawfully exacted excess dues in trust, awaiting result of litigation and instead of keeping it in form of cash used it to pay benefits so that benefit fund became indebted to excess fund, it was legitimate for society to use mortgages in which death benefit fund was invested to discharge own indebtedness of that fund to excess fund. Horner VS. Heinecke (N. J.).... Where insured did not promptly notify of election to rescind, dues and premium cannot be recovered. West End Trust Co. vs. Fidelity Mutual Life Ins Co. (Pa) FORFEITURE OR SUSPENSION. 291 500 629 631 46 (D) (750) Member could not be suspended for nonpayment at any time after day on which he was found to have died. Linneweber et al. VS. Supreme Council Catholic Knights of America (Cal.).... 232 Where by-law clearly provided for suspension and the evidence is sufficient to sustain the judgment based upon it, obscurity in other by-laws pleaded would have no bearing upon the issue. Cole vs. Knights of Maccabees of the World (Tex)... (751) Entry of death benefit was not ratification of action of financial secretary in Issuing notice of assessment. Zender vs. Detroit Lodge No. 1 of Knights of Royal Ark. et al. (Mich.).. (754) Where insurer refuses one payment, claiming policy is forfeiture, there is no forfeiture for failure to tender payment of subsequent premiums. Gibson vs. Iowa Legion of Honor (Iowa).. 616 Where sick benefit was not paid until after death of insured, judgment awarding sick benefit to his estate in effect, held, that refusal to pay one assessment was justified by failure to pay benefit, justification continued until time of death of insured and decision applied to subsequent assessments after date on which right to sick benefit expired. Hazel vs. Golden Eagle Ass'n (N. Y.) (755) Acceptance of dues from member after he has engaged in dangerous occupation, with knowledge of the fact, does not constitute a waiver of exemption. Ridgeway vs. Modern Woodmen of America (Kan.) 664 179 384 390 On the facts stated defendant elected to waive conditions of policy. O'Connor vs Knights and Ladies of Security (Iowa). Where head camp limited that no clerk of local camp could waive provision as to beneficiary, he was divested of waiver power. Sowiczki vs. Modern Woodmen of America (Mich.). Association waived contractual exemption from liability for hazardous risk when for two years it retained dues with full knowledge of facts Simmons vs. Modern Woodmen of America (Mo.)...... 631 Where deceased changed occupation without notice, until six months after the lapse of the thirty-day period, defendant was not bound by any act of estoppel or waiver of clerk of local camp. Simmons vs. Sovereign Camp, Woodmen of the World (Tenn). 631 (756) No affirmative action or notice to assured of forfeiture was necessary; failure to make required payment ipso facto worked a forfeiture. Cole vs. Knights of Maccabees of the World (Tex.).... 631 (759) Right of reinstatement after expulsion is just as much a right as right to pay dues to officers of local lodge. Grand Lodge of Brotherhood of Railroad Trainmen vs. Kennedy (Tex.).. 633 (761) Society was without power to impose the making of formal written application as a condition precedent to reinstatement. Modern Order of Praetorians vs. Kennedy (Okla )... 188 Upon suspension it was incumbent upon insured to make a showing as O'Connor vs 384 (769) Person named by beneficiary was eligible though not sustaining blood relationship. Vawter vs. Purdy et al. (Cal.)... 41 Bigamous wife of deceased, not being related or legally dependent, does not come within any of the classes named as beneficiary. Applebaum vs. Order of United Com'l Travelers of America (N. C.) Change of beneficiary to one not relative forbidden by association's constitution and laws of the state of Nebraska, where organized. Gregory vs. Sovereign Camp of Woodmen of the World-Thompson vs Sovereign Camp of Woodmen of the World (S. C.)...... Under statute providing death benefits may be payable to a relative to fourth degree of consanguinity or dependent and by-laws defining term "legal beneficiary" as used in certificates to mean widow, children or other blood relatives, wife of member's uncle and not dependent had no right of action on certificate. Dusenbury vs. General Grant Council, No. 128, Junior Order United American Mechanics of State of New York (N. Y.).. (770) Change of beneficiary to one who has not a relative, void where prohibited by statute. Gregory vs. Sovereign Camp of Woodmen of the World-Thompson vs. Sovereign Camp of Woodmen of the World (S. C.).......... (771) Charter limitation of beneficiaries to "wife or legal heirs as named in his application" does not limit the member's right of designation to be exercised at time of application. Estes et al. vs. Local Union, 43, United Brotherhood of Carpenters and Joiners of America (Conn.) On the facts stated, divorced husband could not take as beneficiary. (773) Designation was sufficient. Estes et al. vs. Local Union, No. 43, United 138 396 623 396 42 67 42 57 187 41 61 281 491 Member of fraternal benefit society whose certificate named his then wife as beneficiary could, after divorce, by complying with the rules of order, change certificate to make second wife beneficiary. Ormond vs. McKinley (Wis.).. Member's right to change beneficiary is absolute. Wilkes et al. VS. Hicks (Ark) (781) Under code, by-law requiring consent of association to a change of beneficiary is invalid. Garrett VS. Garrett (Cal.). (782) Association was not estopped to assert that original certificate had been waived by deceased. New Era Ass'n vs. Kuyat et al. (Mich.)... 184 Complaint alleging deceased made plaintiff beneficiary, but later substituted children as beneficiary, states cause of action. Freitas VS. Freitas (Cal.). (783) Beneficiary acquires no vested interest. Vawter vs. Purdy et al. (Cal.). On facts stated, insured had right without consent of beneficiary to change beneficiary. New Era Ass'n vs. Kuyat et al. (Mich.). Beneficiary of benefit policy has no vested interest. Alexander VB. Sovereign Camp of Woodmen of the World et al. Mo.). Beneficiary has no vested interest. In re Gebert (N. Y.)... (784) Member may so bind himself as to preclude beneficiaries or heirs from asserting their claim. Brown vs. Modern Woodmen of America et al. (Kan.)... 490 41 184 185 483 44 Right of beneficiary to proceeds of policy became vested and could Fund arising from certificate is not subject to disposal of holder of certificate testamentary or otherwise, except as to right of designation of beneficiary. Grant vs. Faires et al. (Pa.)...... 294 Presentation of original certificate with endorsement is equally effective with filing. Garrett vs. Garret (Cal.). (785) Provision did not require payment to legal beneficiary of assured who predeceased insured. Order of Scottish Clans vs. Reich et al. (Conn.) 491 177 Where beneficiary died before member, next of kin were entitled to fund. Grant vs. Faires et al. (Pa.).. (787) Instruction that voluntary intoxication was not any excuse was improperly refused. Eminent Household of Columbian Woodmen VS. Howle (Ark.) 294 280 Terms of fraternal policy do not apply solely to particular occupa- (788) On the facts stated clause in certificate limiting liability in case of "suicide, sane or insané," prevents recovery. Power vs. Modern Brotherhood of America (Kans) "Legal representatives" must be construed to mean 'personal representatives and not "heirs." Ordelheide vs. Modern Brotherhood of America (Mo.). (789) Insured was required to submit to an examination by insurer's physician Defendant did not waive proofs and defenses were not inconsistent. Where defendant before suit denied liability on claim of suspension, it cannot defend on ground of delay in making proofs and giving notice Gibson vs Iowa Legion of Honor (Iowa). (791) As the constitution was plain and as there were no provisions that "total disability" should mean total disability from following railroad work, insured was not entitled to recover benefit. Holcomb vs Grand Lodge, Brotherhood of Railroad Trainmen (Ky.) Defendant, the fourth company, may deduct from the amount of the certificate the difference between the rate paid by the member and the rate named in the constitution of the third and preceding company, for a period equal to the expectancy of life of a person of that age, based upon the American Experience Table of Mortality. Continental Beneficial Ass'n vs. Arbogast (Okla.) (793) Contest may become one purely for equitable cognizance and determination. Brown vs. Modern Woodmen of America et al. (Kan.).... Insured's father or mother, designated as her beneficiaries, were entitled to proceeds, notwithstanding insured's marriage and birth of child. Ladies' Auxiliary of Ancient Order of Hibernians of Michigan vs. Flanigan et al. (Mich.)...... (795) No right to funeral benefit payments passes to member's estate. Estes et al. vs. Local Union, No. 43, United Brotherhood of Carpenters and Joiners of America (Conn.)...... (796) Minor's administratrix and not trustee of sisters was entitled to proceeds. Supreme Lodge, Knights of Pythias, VS Rutzler (N J.) (F) ..... ACTIONS FOR BENEFITS. 386 393 38 457 502 620 616 663 625 44 45 42 622 191 (804) Recovery may be had without approval of board of directors. (Mo.).. 289 (805) Beneficiary could bring her action for death benefit despite provision in certificate Bednarek vs. Brotherhood of American Yeomen (Utah) Failure of association to comply with provisions of its by-laws in regard to disapproval of death claims excuses beneficiary from complying with the further and related provision. Haskew VS. Knights of Modern Maccabees (Okla)... (807) The provision made it a condition precedent to right of action that beneficiaries named in certificate present to defendant proofs specified. Abramovitz VS. National Council of Knights & Ladies of Security (Minn.).. 502 620 (809) Defendant had right to interpose a counterclaim for any premiums it claimed were due and unpaid Hazel vs. Golden Eagle Ass'n (N. Y.) (812) Claim by member's heirs not made until four years after death was barred. Born et al. vs. Perkins (N. Y.).. Statute of limitations does not bar plaintiff's cause of action since it did not accrue upon mere occurrence of plaintiff's permanent and total disability. Collopy vs. Modern Brotherhood of America (Minn) 664 50 353 Beneficiary could not sue until advised by insurer of its rejection of claim. Simmons vs. Modern Woodmen of America (Mo)...... 631 (813) Plaintiffs, children of original beneficiary. were real and only parties at interest. Linneweber et al. vs Supreme Council Catholic Knights of America (Cal.) 292 In a suit on certificate originally payable to plaintiff's father and 477 On facts stated beneficiary's action was properly brought against (814) Service of summons upon reporter or collector of subordinate lodge was not valid. Knights of Honor of the World vs. Epps (Ark.). Court was authorized to find that local lodge in Sumter County was an office and place of business. Supreme Circle of Benevolence vs. Beall (Ga.) (815) Complaint must show liability accrued within policy period. Sovereign Camp of Woodmen of the World vs. Ward (Ala.).... It was not necessary for plaintiffs to allege in their pleadings that the written contract sued upon was based on sufficient consideration. Royal Neighbors of America vs. Heard et al. (Tex.). Plaintiff was not required to plead more than that her decedent had a described certificate, and that he met his death, in a manner covered thereby. Riley vs. Interstate Business Men's Acc. Ass'n (Iowa) If petition be treated as one seeking to enforce change of beneficiaries, it failed to show there had been compliance with another section of by-laws requiring for that purpose the production of affdavit and payment of small sum of money. Smith vs. Knights of Pythias (Ga).. Where plaintiff alleged specifically the duty of defendant to notify deceased of suspension for nonpayment, it was not necessary for defendant to allege fact of notice before introducing of evidence. Cole vs Knights of Maccabees of the World (Texas)... (817) Claimant must show she was entitled to benefit under laws of order. Oklahoma Tribe No. 26, Improved Order of Red Men, vs. Musgrove (Del.) 623 39 495 37 56 563 496 631 178 Burden on insurer to prove breach of warranty that assured had 293 390 393 502 503 (818) Where defense was suicide, evidence that deceased was addicted to drinking was competent. Sovereign Camp of Woodmen of the World vs. Ward (Ala.)... Proofs of death are competent to prove that proofs were made, but incompetent to prove facts therein stated. Bowman vs. Anderson et al (Mo.) Where defendant pleaded waiver because illegal assessments were paid with full knowledge of change, it has burden of proving there was such payment and that it constituted a waiver. Gibson vs. Iowa Legion of Honor (Iowa). 616 37 289 616 (819) Evidence did not show that member in changing beneficiary made a false affidavit. Supreme Council of Royal Arcanum VS. Alexander et al. (N. J.)...... Evidence sufficient to support finding that medical examiner was informed that insured had undergone an operation. Bednarek vs. Brotherhood of American Yeomen (Utah). 50 Finding of jury that pistol was discharged accidentally is contrary to Evidence insufficient to warrant a peremptory instruction for defendant on ground that decedent committed suicide. Hoette vs. North American Union (Mo.) Mailing of notice was not proven by testimony. Gibson vs Iowa Legion of Honor (Iowa). (825) Where wife was temporarily absent at time of death, question whether she was living with member within by-laws was for jury. Oklahoma Tribe No. 26, Improved Order of Red Men, vs. Musgrove (Del., 191 336 388 393 616 178 Whether assured had applied for insurance in life company and made 233 390 |