70 Pa. Super. 612 | Pa. Super. Ct. | 1918
Opinion by
The deceased was a member of a fraternal benefit association. His widow brings action against this associ
We said in Holyland v. The Protected Home Circle that the “policy of the law is against a forfeiture of rights where there is a substantial equity in favor of the party against whom the forfeiture is declared.” Where an insurance company, or beneficial society, has in its possession funds due to an insured sufficient to pay premiums or assessments on account of insurance or benefits accruing up to the date of the death of the insured, the company may, and it is its duty, unless otherwise directed by the by-laws, to appropriate such funds to the payment of the premiums or assessments. Forfeiture cannot then be declared: Girard Life Ins. Co. v. Mutual Life Ins. Co., 97 Pa. 15; Matlack v. Mut. Life Ins. Co. of New York, 180 Pa. 360; Farmers & Breeders Mutual Reserve Fund Live Stock Ins. Co. v. Miller, 65 Pa. Superior Ct. 347; Farmers & Breeders Mutual Reserve Fund Live Stock Ins. Co. v. Curran, 65 Pa. Superior Ct. 352. The rights of the insured and of the beneficiary named in the policy are fixed at the time the insured dies. At that time there was, in. the appellee’s hands enough money to
The order of the Common Pleas is reversed and it is directed that the appeal be allowed as prayed for.