Burdick v. Modern Woodmen of America
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Poindexter, J., entered January 19, .1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action upon a mutual benefit certificate.
1Opinion of the CourtRoot, J.
Plaintiff sued as beneficiary upon a certificate of membership issued by the defendant, a fraternal beneficiary society, to E. W. Burdick, her late husband. Defendant alleged as a defense that material, statements in the application on which, the certificate was issued concerning former medical treatment and health of the insured were false, and that the company was not, therefore, liable on the certificate. Plaintiff denied this and also alleged a waiver of the avoidance claimed by the defendant. Attorneys for respondent in their brief make this concession: “For the purpose of this appeal,…
2Cases cited10 opinions
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
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