Relief Ass'n of Union Works v. Equitable Life Assurance Society

OPINION

By ROSS, J.

Appeal on law and fact from the Court of Common Pleas of Mahoning County.

The plaintiff was a policy holder in the defendant organization. The policy provided for certain adjustments periodically covering dividends and rebates payable to the plaintiff. The policy was a group policy' insuring all the members of plaintiff.

A clause in the policy furnishes largely the basis for dispute in this litigation, and is the predicate for the claim for relief, substantiated by the facts alleged in the amended petition. This clause is as follows:

“The proportion of divisible surplus…