Mosiman v. Occidental Mutual Benefit Ass'n

Citations

• 82 Kan. 670
• 109 P. 413
• 1910 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Payment of Assessment Diverted to Another Purpose. Where the officer of a local lodge to whom the assessments of a fraternal insurance order are payable pays an assessment for one of the members, a later incumbent of the office has no power to divert money paid by the member upon a subsequent assessment to reimbursing his predecessor for the amount so advanced.</p> <p>2. - Waiver of Health Certificate Required before Reinstatement — Acceptance of Delinquent Dues. Where the bylaws of a fraternal insurance order provide that the failure to pay an assessment when due of itself causes an immediate forfeiture of membership, and that reinstatement can be effected only by the payment of all arrearages within a fixed time, accompanied by a certificate of good health, the acceptance by the association of dues from a delinquent member, without exacting any showing as to his physical condition, effects a waiver of the requirement in that regard.</p> <p>3. - Adoption of Act of Local Officer — Waiver of Health Certificate. Where the officer of a local lodge of such an order. to whom assessments are payable accepts a delinquent payment without requiring a certificate of good health, whether or not a waiver is effected in the first instance, his act is adopted by and becomes binding upon the association where the general secretary receives the money and notifies the beneficiary, after the death of the insured, that the payment was unavailing, giving no reason except the mistaken one that the amount was insufficient.</p> <p>4. -- Notice of Physical Condition of Delinquent — Acceptance of Dues — Reinstatement. The fact that the delinquent member is not in good health, the association having no knowledge of his condition, does not prevent the acceptance of his money from effecting a reinstatement, in the absence of any false representations or fraudulent concealment.</p>