Gallop v. Royal Neighbors of America
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Hon. Wm. G. Ellison, Judge. The application, by express agreement makes the by-laws a part of the contract of insurance, and such by-laws are binding upon both parties to the benefit certificate. Lloyd v. M. W. A., 113 Mo.
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Appeal from Holt Circuit Court. — Hon. Wm. G. Ellison, Judge. The application, by express agreement makes the by-laws a part of the contract of insurance, and such by-laws are binding upon both parties to the benefit certificate. Lloyd v. M. W. A., 113 Mo. App. 19; Mc-Lendon v. W. O. W., 64 S. W. 36. The competency of' parties to themselves arrange the terms and conditions of the contract and to expressly determine and declare when it shall become operative cannot be questioned. Misselhorn v. Life Assn., 30 Mo. App. 600. It- is the duty of courts to construe insurance contracts as they find…
1Opinion of the CourtJohnson, J.
This is an action on a fraternal beneficiary certificate. The principal defense is that there was no delivery of the certificate in accordance with the provisions and restrictions of the contract and, therefore, that defendant did not become bound to pay the indemnity provided by the terms of the certificate. The cause was tried without a jury — a jury being waived by the parties — and was submitted on an agreed statement of facts. Judgment was rendered for plaintiff and defendant appealed.
The admitted facts in the case thus may be summarized. Defendant is a fraternal beneficiary society *87incor…
2Cases cited3 opinions
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
- Hiatt v. Fraternal HomeMissouri Court of Appeals · 1903
3Cited by13 opinions
- Wright v. Federal Life Ins.Texas Commission of Appeals · 1923
- Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
- Logan v. New York Life InsuranceWashington Supreme Court · 1919
- Texas & P. Ry. Co. v. BufkinCourt of Appeals of Texas · 1932
- American Nat. Ins. v. McKellarCourt of Appeals of Texas · 1927
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