Ridgeway v. Modern Woodmen of America

Citations

• 98 Kan. 240
• 157 P. 1191
• 1916 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance ■— By-laws — “Dangerous Occupation” — Acceptance of Dues — No Waiver. Where the by-laws of a fraternal beneficiary society provide that the engaging by a member in a specified dangerous occupation shall exempt it from liability on account of his death directly traceable thereto, the acceptance of dues from a member after he has engaged in such occupation, with knowledge of the fact, does not constitute a waiver of the exemption referred to.</p> <p>2. Same — Death through Engaging• in Dangerous Occupation — Proofs of Death — Furnishing Blanks Therefor — No Waiver. No waiver results in that situation from the fact that the society, after learning that a member has lost his life through engaging in the prohibited occupation, at the request of the beneficiary furnishes blanks upon which to make proofs of death, without giving notice of an intention to resist payment, otherwise than by a general statement that the supplying or use of the blanks should waive no right to deny liability.</p>