Sluder v. National Americans

Citations

• 101 Kan. 320
• 166 P. 482
• 1917 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Right of Insured to Change Beneficiary. A member of a fraternal beneficiary association may ordinarily change the beneficiary or the terms of his contract regardless of the wishes or the consent of his beneficiary, but if a change is attempted when the member does not have mental capacity to transact business or make contracts the original certificate and contract will remain in force.</p> <p>2. Same — Beneficiary May Raise the Question of Mental Capacity of Insured to Change Beneficiary. Upon the death of a member the inchoate right of a beneficiary ripens into a contract right and he may then raise the question that the member was mentally incompetent when he attempted to change or surrender the contract of insurance, and if that fact is established the beneficiary is entitled to recover the benefit the same as if no attempt had been made to change the original contract.</p>