Knights of Maccabees of the World v. Coleman

Citations

• 128 Miss. 854
• 91 So. 561

Syllabus

<p>1. Insurance. Statute held to repeal provision preventing insurer from contradicting statements in application, unless copy thereof was furnished insured.</p> <p>Chapter 206, Laws of 1916, brought forward, revised and amended all statutes on the subject of the regulation and control of fraternal benefit societies, and by section 4 thereof necessarily repealed, so far as such societies are concerned, section 2675, Code of 1906 (Hemingway’s Code, section 5141), which latter statute provided that all life insurance companies doing business in this state should deliver to the insured with the contract of insurance a copy of his application, and in default thereof such life insurance company should not be iDermitted in any court of this state to contradict the truth of the statements contained in such application.</p> <p>2. Insurance. Excluding evidence of fraudulent representation in application for reinstatement of insured held error.</p> <p>A benefit certificate was issued in 1908 by a fraternal society to the deceased, the husband of plaintiff, who sued thereon; when issued said section 2675, Code of 1906 (Hemingway’s Code, section 5141), was in force. In 1920 deceased, having forfeited his rights under said benefit certificate by nonpayment of dues, was reinstated, as provided by the constitution and laws of the society, on the payment of such delinquent dues, and a showing of good health in his application for reinstatement. When said reinstatement took place said section 2675, Code of 1906 (Hemingway’s Code, section 5141), had been repealed so far as fraternal orders were concerned by section 4, chapter 206, Laws of 1916. The defendant society defended on the ground that in such application for reinstatement the insured falsely and fraudulently represented that he was in good health, when in truth and fact he was suffering with Bright’s disease and tuberculosis. The trial court ruled out such evidence on the theory that said statute (section 2675, Code of 1906;