United States Bank & Trust Co. v. Switchmen's Union of North America

Citations

• 256 Pa. 228
• 100 A. 808
• 1917 Pa. LEXIS 592

Syllabus

<p>Beneficial associations — Death benefit certificates — Unlawful conduct on part of member — Evidence.</p> <p>The constitution and by-laws of a beneficial association provided that no claim would be paid where death was “caused by any immoral act on the part of the insured” or was “brought on by any immoral or improper conduct.” A member of the association held a benefit certificate subject to the constitution and by-laws; the member died and in an action by the beneficiary against the association for the recovery of the death benefits, it appeared that deceased had been arrested; that he had resisted arrest and taken the officer’s mace and escaped; that the officer procured assistance and attempted to capture deceased; that deceased resisted and in the scuffle was accidentally killed by the discharge of the officer’s revolver. Defendant denied liability on the ground that the death of deceased was brought about by his criminal act in assaulting and beating the officer and in resisting arrest. The court charged that if the jury believed the undisputed testimony there should be a verdict for defendant, but the jury found for plaintiff. A motion for a new trial was dismissed and judgment entered on the verdict. Held, that the assault by defendant on the officer was a “criminal act” and “improper conduct” within the meaning of the constitution of the order, and the judgment was reversed, with leave to the court below to reinstate the motion for new trial.</p>