Faulkner v. Grand Legion of Select Knights

Citations

• 63 Kan. 400
• 65 P. 653
• 1901 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fraternal Insurance — Action for Disability — Petition Held Sufficient. The cause of action against a fraternal mutual benefit association was based upon the following paragraph in its bylaws: “In case any member of the Grand Legion beneficiary department, while in good standing in such beneficiary department, shall become totally and permanently disabled for life, so as to be unable to follow his own or any other avocation, and provided such disability did not arise from any immoral conduct on his part, and provided further that such .disability shall only consist of the loss of one hand and one foot, or both hands, or both feet, or of both eyes, either from accident or disease, or from some disease or injury producing some local lesion, or deformity apparent to any one, the same amounting to total disability.” The petition alleged that plaintiff had received “ a great personal injury, whereby his left hand and forearm were lacerated and crushed so that the same had to be and were amputated below the elbow, resulting in a partial paralysis of his upper left arm and left shoulder and left side, of a progressive character, such that it has since become and is continually growing worse, and, as he is advised by expert physicians, will end in the total paralysis thereof; that because and by reason of said injury, he forthwith became and has ever since remained and still is totally and permanently disabled for life, so as to be unable to follow his own or any other avocation; and such disability did not arise from any immoral conduct on his part, and said disability arose from and, consists of said injury and paralysis, producing a local lesion, and deformity apparent to any one, the same amounting to total disability.” Held, that the petition stated a cause of action. '</p>