Campbell v. Order of Washington

Citations

• 53 Wash. 398
• 102 P. 410
• 1909 Wash. LEXIS 1334

Syllabus

<p>Corporations — Process—Actions—Venue—Foreign Corporation. Laws 1901, p. 356, § 6, requiring beneficial associations to appoint the state insurance commissioner, at Olympia, tbeir statutory agent upon whom service of process may be made, does not require that actions against them be commenced in Thurston county, when such an association has no office or agent in the state for conducting its general business; Bal. Code, § 4854, requiring actions against a corporation to be commenced in the county where it hás an office or any person resides upon whom process may be served, not applying in such a case.</p> <p>Insurance- — Beneficiary Societies — Receipt of Premiums — Estoppel. Á beneficiary association, cannot, after death of the insured, allege that it had no authority to issue a certificate guaranteeing a policy of another association which had been merged by it, where it had received and receipted for the premiums paid thereon.</p> <p>Appeal — Pleadings—Amendment—Insurance. An answer in an action on a beneficiary certificate will be deemed amended to' conform to proof received without objection as to a nonliability clause not pleaded in full.</p> <p>Insurance — Beneficiary Certificate — Nonliability Clause — “Involuntary” Suicide — Construction—Instructions to Jury. In an action upon a beneficiary certificate containing a nonliability clause in case the deceased member die “by his own hands whether sane or insane at the time, whether the act be voluntary or involuntary,” there is no liability in case of an involuntary suicide; and it is error to instruct the jury to find for the plaintiff if they find the deceased did not commit suicide, which means to “intentionally do some act to intentionally cause his death” (Chadwick, J., dissenting).</p> <p>Same — Trial—Instructions—-Issues Not Submitted. In an action upon a beneficiary certificate, in which there are issues as to the plaintiff’s exhausting her right of appeal in the society, it is error to instruct the jur