Sovereign Camp, W. O. W. v. Garner

Citations

• 127 Miss. 900
• 90 So. 586

Syllabus

<p>Insurance. Defendant society held estópped to assert forfeiture for change of employment.</p> <p>In a suit on a certificate of fraternal insurance, where the society defends on the ground that the certificate had been forfeited by reason of the assured having changed employment in violation of the provisions of- the constitution and by-laws of the society, and where it is admitted that the proofs of death contained full information in reference to assured’s employment at the time of his death and the length of time he was engaged in the prohibited employment, and the regular premiums collected during the time assured was engaged in a prohibited employment were not refunded, and no offer to refund the same was ever made, held, that the provisions of the constitution and by-laws in reference to a change of employment were waived, and the society was estopped to assert a forfeiture of the policy.</p>