Boman v. Bankers' Union of the World

Citations

• 76 Kan. 198
• 91 P. 49
• 1907 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fraternal Insurance — Change of By-laws — Effect on Beneficiary — Waiver of Right to Enforce. The defendant in error was incorporated as a mutual life-insurance association, and issued a joint certificate to Boman and wife by the terms of which, and the by-laws which were made a part of the contract, the association agreed to pay the survivor, upon proof of the death of the other, an indemnity of $1000, subject to certain deductions provided for by a by-law then in force. Subsequently the association passed a new by-law, which, if applicable to this ■ certificate, would greatly reduce the indemnity. Neither Boman nor his wife- had any notice or knowledge of the new by-law during her lifetime, but they continued for many months after the new by-law was passed to pay the monthly assessments at the rate required at the time their certificate was issued, and the association received such payments without objecting to their sufficiency. The wife died, and Boman made proof of the death and demanded the indemnity. The association offered him the amount he would be entitled to under the new by-law, but less than one-third the amount to which he would be entitled under the former by-law. Held, although Boman and wife may have agreed in the acceptance of the certificate to be bound by . subsequently enacted by-laws, the association waived the enforcement of the new by-law and is estopped from, asserting it against Boman.</p>