Reed v. Order of United Commercial Travelers

This is an action upon a fraternal benefit certificate of insurance, which was removed from the Supreme Court of the State of New York in the County of Monroe on the ground of diverse citizenship. The case has been twice tried to a jury. In the first trial a verdict for the plaintiff was set aside by the trial judge. Upon the second trial the plaintiff again prevailed and judgment was entered upon the verdict.

The defendant’s constitution, which the insurance certificate incorporates, provides “This Order shall not be liable to any person * * * for any accident (fatal or otherwise) to a member…