Modern Woodmen of America v. Myers

Citations

• 99 Ohio St. (N.S.) 87

Syllabus

<p>Insurance — Fraternal and beneficiary — Change of beneficiaries — Compliance with constitution and by-laws — Illinois member designates Ohio resident — Construction of foreign court controls, when — Defense to action in Ohio.</p> <p>1. When a resident of a foreign state becomes a member of a fraternal and beneficiary society organized under the laws of such state, and there enters into a contract of insurance, with a requirement for performance there in conformity with the society’s constitution and by-laws adopted under sanction of the laws of the state, in 'determining the rights and obligation of the society and its members, recourse should be had to the significance and effect of its by-laws as construed by the courts of such state. ■</p> <p>2. The by-laws of such society contained a clause that “No change in the designation of beneficiary or beneficiaries shall be effective until the old certificate shall have been delivered to the head clerk and a new certificate issued during the lifetime of the member” and that any attempt by a member to change beneficiaries otherwise than by a strict compliance with the provisions of the by-laws relating to change of beneficiaries, should “be absolutely null and void.” An answer, alleging in substance that courts of such foreign state (in this case, Illinois), construing such by-laws, have held that such attempted change of beneficiaries as therein disclosed is ineffective unless a new certificate has been issued during the lifetime of the member, states a good defense.</p>