Sovereign Camp of the Woodmen of the World v. McDonald

Citations

• 76 Fla. 599

Syllabus

<p>1. A clause in a certificate of life insurance which requires preliminary proof of death ninety days before suit shall be brought upon the certificate, may be waived by the insurer and in case of such waiver suit may be brought ninety days after the death of the insured.'</p> <p>2. Where a party is not injured by the rulings of a Trial Court upon his pleas and is not prevented from submitting the subject and matter of such pleas to the Jury under such pleadings as secure to him the full benefit of his contentions, such rulings of the Court do not present good ground for reversal.</p> <p>3. Conditions precedent to the maintenance of a cause may be alleged by the complainant in general terms to have . been complied with, but if the defendant desires to contest the fact of compliance by the plaintiff with any one or more of such conditions he must aver in his plea definitely and specifically what conditions the plaintiff has not complied with and which are made the subject of contest.</p> <p>4. The purpose of all pleading under the system in force in this State is to arrive quickly and definitely at a certain and single material issue upon which the controversy may be determined.</p> <p>5. Where an application for a certificate of life insurance in a fraternal life insurance company contains a.clause certifying, agreeing and warranting that the applicant is in sound health, of temperate habits and has no disease or injury that will tend to shorten his life, and that the application to which he attaches his signature shall constitute the basis for and form a part of the beneficiary certificate, and further agreeing, certifying and warranting that all the statements, representations and answers in the application are full, complete and true, and that any untrue statement or answer made by the applicant, or any concealment of facts in the application, intentional or otherwise, shall render the certificate void, and the certificate afterwards issued upon such applicatio