Fordyce v. Modern Woodmen of America

Citations

• 129 Wash. 364
• 225 P. 434
• 1924 Wash. LEXIS 784

Syllabus

<p>Courts (37) — Insurance (43) — What Law Governs — Rule of Decision — Courts of Other States. Where a fraternal insurance society of Illinois issued a certificate to a resident of this state, and the place of the contract and performance and action on the certificate were all within this state, the decision of the courts of Illinois as to the effect of a by-law, enacted after the insurance became effective, is not binding on the courts of this state.</p> <p>Death (1) — Evidence—Presumption from Absence. The sudden unexplained disappearance and absence of a man for seven years raises the presumption of death, from which the jury would be justified in finding that death was the cause of his absence where he was in middle life and strongly attached to a wife and minor children.</p> <p>Insurance (196) — Benefit Insurance — Contract — Amendment of By-Laws — Validity—Reasonableness of Chanse. An amendment of a by-law of a fraternal insurance society, after the insurance takes effect, must be reasonable; and such an amendment declaring that, in case of the unexplained disappearance of the insured, the policy will not be paid until the expiration of his life expectancy, thereby postponing payment for forty years, is unreasonable and void.</p> <p>Limitation of Actions (53) — Accrual of Action — Absence—Presumption as to Death. In an action on a fraternal benefit certificate, brought seven years after the unexplained disappearance and absence of the insured on the presumption of his death, the statute of limitations is suspended while the period of seven years was running.</p> <p>Insurance (207-210) — Benefit Insurance — Right to Proceeds of Certificate — Acceptance of Premiums — Estoppel. A fraternal insurance society accepting premiums from the beneficiary, the wife of the insured, after it knew of the disappearance of the insured, and of her divorce and remarriage, cannot defeat an action on the policy on the ground that she had remarried.</p> <p>Mackintosh, J., dissents