Pearson v. Knight Templars & Masons Indemnity Co.
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Eon. David E. Eby, Judge. The application of respondent, and the constitution and by-laws of appellant constituted a part of the contract of insurance between respondent and appellant and must be read into respondent’s policy in order to see all of the terms of the contract. Slater v. Supreme Lodge, 76 Mo. App. 387; Laker v. Royal Fraternal Union, 95 Mo.
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Appeal from Louisiana Court of Common Pleas. — Eon. David E. Eby, Judge. The application of respondent, and the constitution and by-laws of appellant constituted a part of the contract of insurance between respondent and appellant and must be read into respondent’s policy in order to see all of the terms of the contract. Slater v. Supreme Lodge, 76 Mo. App. 387; Laker v. Royal Fraternal Union, 95 Mo. App. 353. Respondent, in his application for membership in the appellant company, haying agreed, “if accepted, to abide by the constitution, rules and regulations of the company as they now are…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. We quote the following from appellant’s brief:
“Appellant contends, that as respondent agreed in his application that he would ‘abide by the constitution, rules and regulations of the company, as they now are or may be constitutionally changed hereafter,’ and inasmuch as it was provided in respondent’s policy ‘that the constitution and by-laws printed on the back of the policy shall separately and collectively form and be a part of this contract,’ and as the constitution and by-laws provided for their own change or amendment, thereby providing that the contract…
2Cases cited15 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Becker v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1882
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanCourt of Appeals for the Eighth Circuit · 1900
- Strauss v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1901
- Supreme Council of American Legion of Honor v. GetzCourt of Appeals for the Third Circuit · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
- Dessauer v. Supreme Tent, Knights of the Maccabees of the WorldSupreme Court of Missouri · 1919
- Supreme Lodge K. P. v. MimsCourt of Appeals of Texas · 1914
- Zimmermann v. Supreme Tent of the Knights of the Maccabees of the WorldMissouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.