197 Ky. 699 | Ky. Ct. App. | 1923
Opinion of the Court by
Affirming.
Sovereign Camp, Woodmen of the World is á fraternal beneficiary association having subordinate lodges throughout the country, including one in Louisville
“ Persons engaged in the following occupations, to-wit: Structural iron workers, circus riders and trapeze performance, conductors and brakemen on railway freight trains, . . . electric linemen, . . . may be. admitted to membership if accepted by the sovereign physician, but their certificates shall not exceed two thousand dollars each and their rate' of assessment shall
“If a member engage in any of the occupations or businesses mentioned in this section he shall within thirty days notify the clerk of this camp of such change of occupation, and while so engaged in such occupation shall pay on each monthly installment of assessment thirty cents for each one thousand dollars of his beneficiary certificate, in addition to the regular rate. Any such member failing to notify the clerk and to make such payments as above provided shall stand suspended and his beneficiary certificate be null and void.”
The agreed statement of facts upon which the case was tried shows that Leitseh became a member of the society in 1906, and continued from that date until his death as such member, paying his dues in the way and manner provided in the bylaws of the society. That the certificate entitled the beneficiary to $1,000.00 on the death of Leitseh; that in his said certificate which was but a continuance of the first, his wife Agnes Marie Leitseh was beneficiary and entitled to all rights' under the certificate at the death of Leitseh; that at the time of the issual of the policy Leitseh was a blacksmith by occupation, but that in November, 1913, Leitseh changed his employment from blacksmith to that of electric lineman in the service of the Louisville Railway Company and continued at such employment until his death; that at that time August Bronger was the clerk of Cypress Camp No. 64, Sovereign Woodmen of the World, to whom Leitseh was required to pay his dues; that it was the duty of August Bronger as clerk of said camp to collect premiums due by members upon their said policies and to' report to defendant, Sovereign Camp, Woodmen of the World, any fact or circumstance which came to his knowledge affecting the said contracts of insurance; that on February 16, 1919, the insured, Henry Leitseh, died as the result of pneumonia; that his death was not caused directly or indirectly by the nature of his employment; that from the date of his admission to the society until his death he paid the usual and customary rate of premiums provided for by the society for persons of his age engaged in the occupation of blacksmith; that there was no additional assessment made by the society on him or paid by him to the society, or demanded of the insured by
It is the insistence of thé appellant society that Leitsch had become suspended as a member of the society and his benefit certificate had automatically become null and void at the time he accepted the hazardous occupation of an electric lineman in violation of section 43 of the constitution of the society for the reason that said section provides, “Any such member failing to notify the clerk and to make such payment as above provided shall stand suspended arid his beneficiary certificate be null and void.” While it is tacitly admitted that Leitsch notified the clerk of his new occupation it does riot appear that the clerk notified the Sovereign Camp, Woodmen of the World, as was his duty. While Leitsch was not injured in the hazardous occupation which he accepted after the certificate was issued to him, we think that he, as the insured, and the society as the insurer, had the right and power to enter into a binding agreement whereby the acceptance of hazardous employment by the insured would automatically suspend his membership in the society and render his certificate null and void for a failure to' comply with certain definite rules. It will be noted, however, that such suspension of membership and nullification of the certificate could take place only on the failure of the member to notify the clerk of his change of occupation and to make such other payments as were required by the constitution. The failure to -make the payment alone did not void the certificate nor suspend the member, but the concurrence of the two facts — (a) failure to notify the clerk, and (b) failure to pay the extra premiums — would suspend the member and render his certificate null and void.
It is admited that the society through its agent, the clerk' of Cypress Camp No. 64, in Louisville, regularly received the premiums paid by Leitsch on his policy after he changed from the non-hazardous to a hazardous occupation, and after he had notified the clerk of the Cypress
For the reasons indicated the judgment is affirmed.
Judgment affirmed.