Porter v. Commonwealth Casualty Co.

Citations

• 267 Pa. 410
• 110 A. 153
• 1920 Pa. LEXIS 881

Syllabus

<p>Beneficial associations — Lodge system, — Casualty company — Assuming obligations of other company — Application—Laws—Insurance policies — Act of May 11, 1881, P. L. HO — Evidence—Prima facie — Presumption—Burden of proof — Oral evidence — Admission or statement of counsel.</p> <p>1. Certificates of membership in beneficial associations are not insurance policies -within the meaning of the Act of May 11, 1881, P. L. 20; hence, when the application for membership and laws of an association of this kind are by reference made part of the contract of membership, they must, if obtainable, be placed in evidence by plaintiff in a case against the association, unless he gives a good and legally sufficient reason for not doing so, or defendant produces them. Of course, if it be shown the association in question is conducting an insurance business that will suffice.</p> <p>2. If the application and laws are expressly referred to in and made part of the contract sued upon, they must be presumed to exist, until proof to the contrary appears.</p> <p>3. The character of the business of an incorporated association having the name of “Fraternities Accident Order” must be determined by the proved facts, although the presumption is that the business is what the association, in its certificate of membership, declares it to be; but this is prima facie only, and may be overcome by evidence.</p> <p>4. In an action upon a contract of membership of such an order, to recover death benefits, it is reversible error for the court to rule as a matter of law that the certificate of membership was a “contract of life insurance,” notwithstanding the presumption to the contrary, and the fact that the evidence depended upon to make out plaintiff’s case, both in this and other respects, was largely oral, which required the issues to be submitted to the jury — particularly the question whether the “Fraternities Accident Order” was actually carrying on an insurance business.</p> <p>5. Where all obli