Marcus v. Heralds of Liberty

Citations

• 241 Pa. 429
• 88 A. 678
• 1913 Pa. LEXIS 802

Syllabus

<p>Beneficial associations — Character of business — Conflict of laws • — Certificates of membership — Insurance—Insurance policies — Act of May 11,1881, P. L. $20 — By-laws.</p> <p>1. The character of the business transacted in Pennsylvania by a beneficial association incorporated under the laws of Alabama, when the subject of judicial inquiry in Pennsylvania, is to be determined according to the law of Pennsylvania, and the law of. Alabama does not apply-</p> <p>2. In an action of assumpsit upon certain certificates of membership in a so-called beneficial association to recover death benefits as provided therein, the defense was that the deceased member had committed suicide, and that payments in such case were prohibited by the by-laws of the association, which were incorporated by reference in the certificates, but were not attached thereto or printed therein. It appeared that the payment of definite sums was provided in the certificates, which were called “policies” in circulars and advertisements issued by defendant, that applications for membership contained questions and stipulations usual in applications for life insurance, and that in other ways the insurance features of the association’s activities were emphasized, and but little attention was paid to the social or benevolent features: Held, that the business of such association was a life insurance business and the certificates were in law life insurance policies, and defendant was precluded from setting up the defense of suicide, and from offering the by-laws in evidence as part of the contract, by the Act of May 11, 1881, P. L. 20, providing that by-laws referred to in insurance policies as part of the contract shall be contained therein or attached thereto, otherwise they shall not be received in evidence, or be considered a part of the policy in any controversy between the parties.</p>