Supreme Assembly of United Artisans v. Johnson

Citations

• 109 Wash. 247
• 186 P. 1065
• 1920 Wash. LEXIS 914

Syllabus

<p>Insurance (207)—Mutual Benefit Insurance—Beneficiaries— Designation—By-Laws—Effect. Where the by-laws of a mutual benefit insurance company gave the insured, the right to select his beneficiary within certain restrictions, and he did so in his application by naming his wife, and his two children and in the event of her death, there being no stipulation against alternate or secondary beneficiaries, the subsequent issuance of the certificate containing the name of the wife only was not a rejection of the children as beneficiaries upon the death of the wife; and in such case, upon the member’s remarriage, the children are the beneficiaries to the exclusion of the second wife, notwithstanding a subsequent by-law provided that, in the event of the death of the beneficiary before the death of the member, if no other designation has been made, the benefits shall be paid to the “widow.”</p> <p>Same (207). A by-law.of a mutual benefit association which provided that, in the event of the death of the beneficiary before the death of the member, the benefits shall be paid to the widow, “if no other designation has been made,” refers to a designation by the member in his lifetime, either before or after the death of the beneficiary named in the certificate.</p> <p>Same (196)—By-Laws—Rules and Customs—Effect. A mere custom or office rule of a mutual benefit insurance company not to issue certificates in which alternate or secondary beneficiaries are named, not brought home to the member’s knowledge, are not binding upon him, if not incorporated in or made part of its printed matter distributed to members.</p>