National Council of the Knights & Ladies of Security v. Glenn

Citations

• 76 Fla. 592
• 80 So. 516

Syllabus

<p>1. Pregnancy is not a personal ailment or condition of bad or o unsound health so as to violate an agreement or stipulation that a member of a beneficiary society shall not be reinstated after suspension for non-payment of dues, unless such member is in good health at the time of the reinstatement.</p> <p>2. In a suit on an insurance policy issued by a Beneficiary Society, where the terms of the contract provide for the reinstatement of a policy holder who is in arrears, upon his payment of all overdue assessments, provided “he be in good health at the time of making payment to the Financier, with a view to reinstatement,” a plea that the insured was “not in good health” at the time of his reinstatement, is too vague and indefinite, and the defendant may be required to set forth definitely and specifically in what respect the insured was not in good health, and the nature of his iU-health.</p> <p>8 Where such ill-health is pleaded, the burden of proof is upon the defendant to establish it by a preponderance of the testimony.</p> <p>4. The fact that an instruction contains the correct law governing the case is no grounds for exception if refused, if it appears that the Court’s charge covered the principle, embodied in the instruction requested, and fully and correctly instructed the Jury on the point.</p>