Eminent Household of Columbian Woodmen v. Wicker

Citations

• 116 Miss. 211
• 76 So. 634

Syllabus

<p>1. Insurance. Mutual benefit insurance. By-laws as part of contract.</p> <p>Under a mutual benefit insurance policy so providing, the insured is bound by a by-law of the society adopted subsequent to the issuance ‘of his policy, requiring an X-ray photograph to be furnished the society as a‘part of the proof of a disability covered by the policy, and the.fact that members of his family were so ill during the time his arm was broken that he could not leave long enough to have such a photograph taken would not relieve him from his obligation to comply with this by-law.</p> <p>2. Mutual Benefit Insurance. Defenses. Condition .precedent. Statute.</p> <p>Where a mutual benefit insurance policy is a dual one covering both life and physical disabilities, in so far as it is a disability policy it does not come within the terms of section 2636, Code, 1906, so that the failure of the insurer to file a copy of a hy-law, requiring an X-ray photograph as part of the proofs of disability in case of a broken arm did not prevent the insurer from setting up the defense that such photograph was not furnished.'</p>