Ater v. Mutual Benefit Department of the Order of Railway Conductors

On August 1, 1932, the defendant, an unincorporated Fraternal Mutual Benefit Association, issued a certificate of insurance to Charles A. Malan. Mary A. Malan, wife of the said member, was designated the beneficiary. After the death of Mr. Malan the beneficiary submitted her claim under the certificate to the insurance committee, which was the executive head of the defendant, which claim was rejected and the beneficiary notified of the decision of the insurance committee. Subsequently the beneficiary assigned all her rights, title and interest in the certificate to the plaintiff.

The plaintiff…