Kemper v. Modern Woodmen of America

Citations

• 70 Kan. 119
• 78 P. 452
• 1904 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Fraternal Beneficiary Associations — Change of Beneficiaries. A by-law of a fraternal benefit association provided that “no change in the beneficiary shall be effective until the delivery of the new certificate, and until such time the old certificate shall be held in force.” A member executed a surrender clause in due form on the back of his certificate, and changed the name of the beneficiary from his wife to his brother. It was mailed to the head clerk in another state, who was authorized to make the change and issue a new certificate. Before its receipt by the clerk the member died. No new beneficiary certificate was issued. In an action by the brother of the deceased against the society to recover the amount of the insurance, held, that no recovery could be had.</p> <p>2. - Cases Followed and Distinguished. The case of Olmstead v. Benefit Society, 37 Kan. 93, 14 Pac. 449, followed, and that of Titsworth v. Titsworth, 40 Kan. 571, 20 Pac. 213, distinguished.</p>