Philips v. Baltimore Mutual Aid Society

Citations

• 6 Pa. Super. 157
• 1897 Pa. Super. LEXIS 328

Syllabus

<p>Insurance — Mutual aid society — Construction of policy — Delay %n payment — Province of court.</p> <p>Where members of a mutual aid society are classed as nonbenefieial if in arrears for dues for more than three weeks and, even when reinstated, remain nonbenefieial for five weeks thereafter, the beneficiary of a member so in default cannot recover death benefits. The fact that the receipt book of decedent shows acceptance of dues by the company at irregular times is no evidence of an intent of waiver by the company of any rights secured to it by the policy or to change its terms. The facts being undisputed, the question was for the court, and it should have directed a verdict for the defendant.</p>