Legal Opinion · Dissent

DeRoller v. Bohan

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1924Published

1DissentDavis, J.

The by-laws of the fraternal organization issuing the benefit certificate designated explicitly who might be beneficiaries. This *51group did not include a stepson, but did include a “ member of his family whom the applicant shall designate in his application.” And further, that “ No payment shall be made upon any benefit certificate to any person who does not bear the relationship as * * * member of the family of the member at the time of his death.”

For convenience I will hereinafter refer to the fraternal organization as the “ insurer,” and to Mr. Bohan, the deceased member, as the “ insured.”

T…

2Cases cited5 opinions

  1. In re Shedd's EstateNew York Supreme Court · 1891
  2. Mendelson v. GausmanAppellate Division of the Supreme Court of the State of New York · 1913
  3. Dusenbury v. General Grant Council, No. 128Appellate Terms of the Supreme Court of New York · 1916
  4. Callahan v. Switchmen's UnionAppellate Division of the Supreme Court of the State of New York · 1919
  5. Sweeney v. . Modern Woodmen of AmericaNew York Court of Appeals · 1923

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