Sternheimer v. Order of United Commercial Travelers of America

Citations

• 107 S.C. 291
• 93 S.E. 8

Syllabus

<p>1. Insurance ■— Mutual Benefit Insurance — Burden of Proof. — In action on mutual benefit certificate, allegation that insured was in good standing being unnecessary, it need not be proved by plaintiff.</p> <p>2. Insurance — Mutual Benefit Insurance — Burden of Proof. — The insurer under a benefit certificate is bound to allege and prove delinquency of insured to establish forfeiture of the policy.</p> <p>3. Insurance — Mutual Benefit Insurance — Evidence—Sufficiency.— Evidence held, to warrant refusal to submit to jury question of waiver by insurer under mutual benefit policy of condition as to payment of premium.</p> <p>. 4 Insurance — Mutual Benefit Insurance — Burden of Proof. — In action on mutual benefit certificate, where defendant pleaded delinquency, the burden of proving waiver of condition as to payment was on plaintiff.</p> <p>5. Insurance — Mutual Benefit Insurance — Waiver of Condition.— In view of Civ. Code 1912, sec. 275S, providing that no subordinate body of a mutual benefit order or any of its officers or members shall have the power or authority to waive any of the provisions of the laws and constitution of the association, and the same shall be binding upon the association, and each and every member thereof and their beneficiaries, the custom of a local lodge not to declare forfeiture upon delinquency did not constitute waiver, especially where the constitution prohibited such waiver and was agreed to by the insured.</p> <p>6. Insurance — Mutual Benefit Policy — Time to Sue. — In view of Code Civ. Proc., sec. 137, subd. 7, providing that an action on a life policy may be brought within six years, a constitutional provision of a mutual benefit order that no action shall be brought after six months from disallowance of claim does not bar an action until after six years.</p>