Williams v. American Insurance Union

Citations

• 107 Kan. 214
• 191 P. 291
• 1920 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Beneficiary Insurance — By-Laws and Certificate Must Conform, to Statutes. The by-laws of a fraternal beneficiary society and the beneficiary certificate issued by it must conform to section 5409 of the General Statutes of 1915, which prohibits such a society from issuing a certificate except for the smallest amount provided for in its by-laws until its membership shall be such that one assessment on each member will produce sufficient funds to pay its proposed next largest benefit certificate in full, and a by-law adopted by such society to make its laws conform to the statute does not violate the terms of the certificate prohibiting a change in its terms and conditions before the year 1925.</p> <p>2. Same — Merger of Societies — Insurance of Members Must Be Continued. Section 5419 of the General Statutes of 1915, which provides for the merger of fraternal beneficiary societies, compels such societies to provide for the continuance of the insurance of all the members of both organizations, but does not prohibit a change in the rate of assessment to be paid.</p>