Gillam v. Dale

Citations

• 69 Kan. 362
• 76 P. 861
• 1904 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lire Insurance—Fraternal Beneficiary Associations—Beneficiaries Limited by Statute. By section 1 of chapter 147, Laws of-1899 (Gen. Stat. 1901, §3569), all fraternal beneficiary associations were erected into corporations, with a form of government prescribed. The act provides: “The payment of death benefits of such an association shall be to the families, heirs, blood-relatives, affianced husband or affianced wife of, or to persons dependent upon, the member thereof.” Held, that .persons other than those designated in the statute have no insurable interest in the life of a member and cannot be made beneficiaries or receive death benefits.</p> <p>2. - Unlawful Attempt to Avoid the Statute Limiting Beneficiaries. Persons who may receive death benefits from fraternal beneficiary associations being restricted by law to designated classes, a person not included in such classes cannot indirectly become a beneficiary by an agreement between the assured and one authorized by law to receive death benefits, in which the latter agreed to act as trustee for the person having no insurable interest.</p>