Farmers Mutual Life Protective Ass'n v. Elliott
Court of Appeals of Georgia
Action, on insurance policy, from city court of Atlanta — Judge Eeid. June 22, 1907. The plaintiff in error, a fraternal association insuring the lives of its members on the assessment plan, issued to B. P. Elliott, a member of the association, a certificate of insurance on his life, ■May 9, 1906. He died July 7, 1906. Meanwhile two assessments became due.
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Action, on insurance policy, from city court of Atlanta — Judge Eeid. June 22, 1907. The plaintiff in error, a fraternal association insuring the lives of its members on the assessment plan, issued to B. P. Elliott, a member of the association, a certificate of insurance on his life, ■May 9, 1906. He died July 7, 1906. Meanwhile two assessments became due. Notice of one of them was sent to him on May 23, and, the assessment not having been paid, a letter was sent to him by the association on June 25, stating that “the time for sending in the assessment expired on June 23,” but that the time…
1Opinion of the CourtRussell, J.
Even if, under the hy-laws of a benevolent fraternal association or assessment insurance society, no affirmative action is necessary in order to enforce the forfeiture of a policy of insurance, for nonpayment of dues or assessments, as the ease may be, the subsequent demand for the payment of such dues or assessments is a waiver of the forfeiture, and an acknowledgment that the delinquent policy-holder is still entitled to the benefits conferred by his contract with the association. Judgment affirmed.
Upon an agreed statement of facts, from which the foregoing appeared, the case was submitted…
2Cases cited20 opinions
- Murray v. Home Benefit Life Ass'nCalifornia Supreme Court · 1891
- Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
- Hutson v. Prudential InsuranceSupreme Court of Georgia · 1905
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3Cited by10 opinions
- Williams v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1910
- Metropolitan Life Insurance v. SmithCourt of Appeals of Georgia · 1934
- Farmers Mutual Co-operative Fire Insurance v. KilgoreCourt of Appeals of Georgia · 1929
- Supreme Lodge Knights of Pythias v. FewSupreme Court of Georgia · 1912
- Shields v. Supreme CouncilOhio Supreme Court · 1930
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