Modern Woodmen of America v. Breckenridge

Citations

• 75 Kan. 373
• 89 P. 661

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Benefit Certificate Providing for Forfeiture for Intemperance Held Self-executing. A condition in a fraternal benefit certificate that “if the member . . . shall . '. . become so far intemperate in the use of alcoholic drinks, or the use of drugs, to such an extent as to permanently impair his health, or to produce delirium tremens, . . . then this certificate shall be null and void and of no effect, and all moneys which shall have been paid, and all rights and benefits which may have accrued on account of this certificate shall be absolutely forfeited,” is self-executing.</p> <p>2. - Knowledge that Insured Has Violated By-laws— Waiver of Forfeiture Clause. A subordinate lodge of a mutual benefit association which has the power to discipline and expel a member for violating the by-laws of the association, possessing knojvledge that a member has forfeited his benefit certificate by violating the by-laws of the association, waives the right of the association to insist upon the forfeiture by continuing to receive his dues and in all other respects treating him as a member until his death.</p>