Jones v. Red Men's Fraternal & Accident Ass'n of America

Citations

• 57 Pa. Super. 316
• 1914 Pa. Super. LEXIS 196

Syllabus

<p>Insurance — Health insurance — Condition in policy — Beneficial association.</p> <p>1. Where a policy of insurance issued by an insurance company to a member of the Order of Red Men provides that “indemnity shall be payable only for such period of time as the member shall be certified by his tribe as being disabled and under the care of his tribe, and visited by his relief committee,” no recovery can be had upon the policy where it appears that the insured had not been certified by his tribe as being disabled or visited by his relief committee, and that the insured had deliberately refrained from notifying his tribe of his disability.</p> <p>Practice, C. P. — Referee’s report — Exceptions—Failure to file opinion.</p> <p>2. An'order of the court of common pleas setting aside an auditor’s report in favor of a plaintiff will not be reversed because the court failed to file an opinion indicating whether it differed from the referee on his findings of fact or his conclusions of law where the defect in the plaintiff’s case is obvious.</p>