Morgan v. Independent Order of Sons & Daughters of Jacob of America

Citations

• 90 Miss. 864
• 44 So. 791

Syllabus

<p>1.' Insurance. Mutual benefit society. By-laws. Construction. Forfeitures.</p> <p>The by-laws of a mutual benefit society are to be liberally construed in favor of the insured, so as to prevent a forfeiture.</p> <p>2. Same. Buies.</p> <p>Mutual benefit societies are subject to the same rules of law as other life insurance companies, save in so far as such rules may be lawfully' modified by the objects and purposes of the society’s organization. .</p> <p>3. Same. Waiver. Estoppel.</p> <p>An insurance company or benefit society can not exempt itself in advance, either by contract or by-laws, from an estoppel to assert a forfeiture of a policy where there has been a breach of conditions on the part of the insured and the society’s conduct has been such as to affirmatively induce the belief that the forfeiture was waived.</p> <p>4. Same. Case.</p> <p>Under the by-laws of a benefit society, requiring payment of one dollar in advance on the first day of each month and declaring that a member who failed to pay an assessment, on or by the day it becomes due, was thereby suspended, and providing that a suspended member could be reinstated only in a designated way; a member was not suspended who fully paid all demands for eleven years, because he was then delinquent one day in the payment of one dollar, received from him the next day, as were all subsequent assessments when due, without question.</p> <p>5. Same. Equitable estoppel. Forfeitures. Mala fides.</p> <p>A mutual benefit society may be estopped by conduct to the same . extent as a natural person, and a forfeiture of an insurance policy will not be adjudged in its favor where the insured acted in good faith and paid all the dues required and the society was not injured by any act of his.</p>