Stambler v. Order of Pente

Citations

• 159 Pa. 492
• 28 A. 301
• 1894 Pa. LEXIS 876

Syllabus

<p>Beneficial associations — Defect in application — Waiver—Notice.</p> <p>Beneficial associations are bound by the rule to which insurance companies are subject, which requires that the assured shall be promptly notified of any defect in the proof of loss, so that he may have an opportunity of correcting it.</p> <p>If the insured, in good faith, and within the stipulated timo, does what he plainly intends as a compliance with the requirements of his policy, good faith equally requires that the company should promptly notify him of their objections, so as to give him the opportunity to obviate them; and mere silence may so mislead him, to his disadvantage, to suppose the company satisfied, as to be of itself sufficient evidence of waiver: Gould v. Ins. Co., 134 Pa. 588.</p> <p>If the jurat to the physician’s certificate attached to an application for sick benefits is omitted, the member must be promptly notified by the beneficial association of the omission. Otherwise it will be presumed that the association' has waived the defect.</p>