Phillips v. Fraternal Reserve Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Life insurance. In 1903 the defendant issued a certificate of insurance upon the life of M. C. Phillips, then residing in Oshkosh, but who removed to Chicago in 1913. The insured paid all the assessments due except assessment 145, due July 1, 1916. The defendant’s by-laws provide: “The monthly assessment stated in each certificate assessed to and to be paid monthly by every…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Life insurance. In 1903 the defendant issued a certificate of insurance upon the life of M. C. Phillips, then residing in Oshkosh, but who removed to Chicago in 1913. The insured paid all the assessments due except assessment 145, due July 1, 1916. The defendant’s by-laws provide: “The monthly assessment stated in each certificate assessed to and to be paid monthly by every benefit member shall be paid without notice during, and applied to, said calendar month not later than 10 o’clock p. m. of…
1Opinion of the CourtRosenberry, J.
That clause under which the defendant claims the rights of the plaintiffs are forfeited is a self-executing forfeiture provision, and one, therefore,' to be sustained by the courts. Haycock v. Sovereign Camp W. O. W. 162 Wis. 116, 155 N. W. 923; Behling v. Northwestern Nat. L. Ins. Co. 117 Wis. 24, 93 N. W. 800.
The question is whether this positive provision of the contract was, under the' circumstances in this case, modified by conduct of the company which was inconsistent with its provisions. Ramsey v. Travelers’ P. Asso. 147 Wis. 405, 133 N. W. 634, and cases cited. In the Ramsey Case the…
2Cases cited3 opinions
- Behling v. Northwestern National Life InsuranceWisconsin Supreme Court · 1903
- Ramsey v. Travelers' Protective Ass'n of AmericaWisconsin Supreme Court · 1911
- Haycock v. Sovereign Camp, Woodmen of the WorldWisconsin Supreme Court · 1916
3Cited by2 opinions
- American Ins. Co. of Texas v. EstesCourt of Appeals of Texas · 1940
- Balogh v. Supreme Forest Woodmen CircleMichigan Supreme Court · 1938