Uhl v. Life & Annuity Ass'n

Citations

• 97 Kan. 422
• 155 P. 926
• 1916 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Amendments' to Laws — Must be Fair and Reasonable. Where a member of a fraternal beneficiary society agrees to be bound by future amendments to its laws a reservation is implied that the changes are to be fair and reasonable.</p> <p>2. Same. In order to be deemed necessary to the purposes of a fraternal beneficiary society a change in its by-laws need not be indispensable to that end. If it is reasonably adapted thereto the requirement is met.</p> <p>3. Same — Changes in By-laws — Reasonableness for Court. Whether changes made in the by-laws which affect the rights of a member in such an association are fair and reasonable is ordinarily a question of law, where the detailed facts are not in controversy.</p> <p>4. Same. The rates of a fraternal beneficiary society as fixed by a change in the by-laws held not to be unreasonably high.</p> <p>5. Same — Change in By-laws — Beneficiary Entitled to Paid-up Certificate. Where the certificate held by a member of a fraternal beneficiary society provides that after a certain time it shall be nonforfeitable, and that he shall be entitled to a paid-up certificate in proportion to the number of payments he has made, a change is unreasonable which denies him, unless he shall make further payments, any benefit whatever from his admitted present share of a reserve fund which has already accumulated.</p>