Edmiston v. Homesteaders

Citations

• 93 Kan. 485
• 144 P. 826
• 1914 Kan. LEXIS 460

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fraternal Insurance — Nonpayment of Dues — Ctistom of Association — Waiver of Payment on Specified Date — No Suspension. In an action upon a certificate of insurance issued by a fraternal benefit association, the by-laws of which provide that a member who has failed to pay an assessment on or before the last day in the month for which assessments are due, shall be suspended without notice and remain suspended until reinstated by filing a health certificate and the payment of delinquent dues .and assessments, it is held, (following Foresters v. Hollis, 70 Kan. 71, 78 Pac. 160, and Fenn v. Life Insurance Co., 90 Kan. 34, 133 Pac. 159) that the facts stated in the opinion show the adoption by the association of a custom and course of conduct at variance with the by-laws, which estop the association from claiming a forfeiture, and that, the death of the assured occurring prior to the time at which the custom permitted her to pay the assessment, she was at the time of her death a member in good standing.</p>