Olinsky v. Railway Mail Assn.

—This is an action brought by the plaintiff, a beneficiary, to recover for death under an accident insurance certificate issued July 27, 1908, to Nathan Olinsky, by the defendant, a fraternal beneficial order. In 1913 certain by-laws were enacted by the association which were in force at the time of the death of the insured, which plaintiff claims modified the certificate. On June 19, 1915, while at a summer resort on the Russian River, the insured, who was then apparently in perfect health, entered the river for a swim. The only witness to the incident testified that he attempted to swim…