Logsdon v. Supreme Lodge of Fraternal Union of America

Citations

• 34 Wash. 666
• 76 P. 292
• 1904 Wash. LEXIS 400

Syllabus

<p>Insurance — Beneficial Associations — Payment of Dues — Date of Issuance of Certificate — Construction of Clause in Constitution. Where a clause in the constitution of a beneficial society provides that a member shall be liable for the month in which his certificate is “issued or dated,” but another clause provides that there shall be no liability on the part of the society until the Degree of Fraternity is conferred, one assessment paid, and the certificate is delivered and “accepted in writing,” a certificate is not “issued” when signed and dated, nor until it is delivered, since the relations between the member and the association are contractual and the obligations must be mutual; hence under a certificate dated and signed August 12. but not delivered until September 2, at which time the first assessment was paid, and the degree conferred, there is no liability for dues for the month of August.</p> <p>Same — Application oe Dues. In such a ease, it would, be immaterial that tbe payment bad been applied by tbe association to dues for tbe month of August, and that another payment had been made in September in advance, since the defense of forfeiture is not available as long as sufficient funds of the member were timely received to meet his assessments.</p> <p>Same — Construction—Forfeitures Not Favored. All the provisions respecting dues in benevolent associations must be construed together, and, as forfeitures are not favored, doubtful language will be construed in favor of the insured to avoid a forfeiture. . -</p>