King v. Wynema Council No. 10

Citations

• 26 Del. 242

Syllabus

<p>1. Insurance—Benefit Insurance—Exhausting Remedies Within Society.</p> <p>Under a provision in the laws of a benefit insurance society that any person feeling aggrieved at the action of a council may appeal, a beneficiary must exhaust such remedy by appeal, unless prevented by the council, before he can maintain an action at law.</p> <p>2. Insurance—Benefit Insurance—Remedies Within Society— “Action”.</p> <p>Under a provision of the laws of a benefit insurance society that any person feeling aggrieved at the action of a council in failing to pay benefits may appeal, the failure of the council to pay a benefit constitutes an “action” from which an appeal may be taken, and does not prevent the beneficiary from appealing, so as to justify an action at law without exhausting this remedy.</p> <p>3. Insurance—Benefit Insurance—Appeal—Delay.</p> <p>Under a provision of the laws of a benefit insurance society authorizing an appeal by any person aggrieved by the action of the council, where the only action complained of was its failure to act, and no notice of any action was given, the beneficiary might, after bringing an action at law, discontinue and take an appeal, notwithstanding the lapse of time.</p>