Sovereign Camp v. Garner

Citations

• 125 Miss. 8
• 87 So. 458

Syllabus

<p>1. Insurance. Fraternal benefit societies not governed, by general law as to filing constitution, etc.</p> <p>Under chapter 206, Laws 1916, fraternal benefit societies are exempt from the provisions of section 2636, Code 1906 (Hemingway’s Code sec. 5102), and the existing requirements in reference to filing with the Insurance Commissioner the constitution, by-laws, rules, and regulations of such societies^ and penalties for a failure to so file them, are contained in the provisions of chapter 206, Laws 1916.</p> <p>2. Insurance. Fraternal benefit society’s laws are of no force unless filed with, Insurance Commissioner.</p> <p>Under the provisions of sections 12, 13, and 22 ch. 206, Laws 1916, the constitution, by-laws, rules and regulations, and amendments thereto, of every fraternal benefit society transacting business in this state must be filed with the Insurance Commissioner to give them validity in this state, and if such constitution and by-laws are not so filed, there has been no legal adoption thereof so far as the interests of policy holders in this state might be affected thereby, and they will not avoid or defeat any policy issued by such society in this state.</p> <p>3. Evidence. When certified copy of law of fraternal benefit order is introduced burden is on other party to show it had not been filed.</p> <p>Under section 22, ch. 206, Laws 1916, printed copies of the constitution and laws as amended, changed, or added to, certified by the secretary or corresponding officer of the society, are prima facie evidence of the legal adoption thereof, and when a copy so certified has been introduced in evidence by a defendant society, the burden is on the plaintiff to show that such by-law, rule, or regulation has not been filed with the Insurance Commissioner.</p>