Muzenich v. Grand Carniolian Slovenian Catholic Union of United States of America

The opinion of the court was delivered by

Smith, J.:

This was an action to recover the death benefits under a certificate of membership in a fraternal insurance company. Judgment was for the plaintiff. Defendant appeals.

No question was raised in the pleadings as to the certificate having been issued and being in force at the time of the death of the ■insured. The certificate was issued to a husband on the life of his wife on April 10,1938. It contained the following clause:

“If the member, within two years from the date hereof, commits suicide, whether sane or insane, the liability under this…