General Index to the Insurance Digest; Embracing All Decisions ... Volume 17 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...or malt liquors, and had not been intoxicated within the past five years, and warranted said statements to be full, complete and true. The evidence showed that he was addicted to the use of intoxicauts. None of the oflicers of the local lodge had any knowledge of the representation made by insured in his application, nor was there any evidence that knowledge of that fact' was brought home to the local lodge or its ofilcers after insured's admission. The medical examiner knew nothing of insured's personal habits or history prior to his becoming a member of the order, except as disclosed by the examination. Held, That the fact that'the local ofiicers of the lodge knew that insured indulged in the use of intoxicating drinks would not estop the association from relying upon misstatements in the application, in view of the fact that such oflicers had no knowledge of the representations made by the insured in his application. Before there can be an estoppel or waiver, it must appear that the local court or society, or some ofiicer thereof, charged with performance of some act for the benefit of the supreme order, knew or had notice of the falsity of the answer or warranty contained in the application or examination paper at the time the deceased was received as a member, or when his subsequent assessments were received and collected. Judgment for plaintiff below. Here reversed and remanded for new trial. Whigham v. Supreme Court I. O. F. (Ore. S. C.): 75 Pacific Reporter (April 18, 1904), 1067. Certiflcate--Clesslflcation of Members--Dlscontluuance of Class--Amount of Recovery: The insured became a member of the women's class of the defendant association and received a benefit certificate entitling her beneficiary or estate, ...