Soroko v. Woodmen of World

Citations

• 76 Pa. Super. 328
• 1921 Pa. Super. LEXIS 146

Syllabus

<p>Inswra/nce— Fraternal beneficial associations — • Application— Error of cleric — Misstatement of occupation — Advanced premium rates.</p> <p>Where the only defense to an action upon the beneficial certificate of an incorporated fraternal beneficial association was that plaintiff’s decedent, in bis application for membership, had misrepresented his occupation, it was not error to admit evidence that the applicant could not read or write English, and had truthfully stated his occupation, but that the agent of the association had not properly filled the blanks of the application.</p> <p>A beneficial association that does not attach a copy of the application to the beneficiary certificate cannot charge the member with notice of an error therein made by its own agent under such circumstances.</p> <p>Although the occupation of the insured was incorrectly stated in the application, through no fault of his and without his knowledge, as being one classed as less hazardous than that in which he was actually employed, judgment n. o. v. was properly refused where the jury had been instructed as to the allowances to be made on account of the advanced premium rates which would have obtained had the correct occupation been stated.</p>