THE MICHIGAN DIGEST ANNOTATED EMBODYING ALL REPORTED DECISIONS FROM THE EARLIEST PERIOD DOWN с Being a NEW EDITION OF JACOBS & CHANEY By GEORGE F. LONGSDORF Editor New York Cyclopedic Digest, Illinois Cyclopedic Digest, Ohio Notes, etc. VOLUME IV FRATERNAL BENEFICIARY ASSOCIATIONS TO CHICAGO 1921 Allowance has been made by the nest Publishing Harvard Law To be retained by the Copyright 1921 Callaghan & Company OCT 15 1921 LRR A DIGEST OF ALL THE REPORTED DECISIONS OF THE COURTS OF MICHIGAN VOLUME IV FRATERNAL BENEFICIARY ASSOCIATIONS. TREATS of fraternal associations having as an incident of their purpose and membership rights the mutual insurance of members or the provision of benefits and reliefs by mutual contributions of dues and assessments for that purpose, also of the benefit contract between the association and the members and their agreed and designated beneficiaries. It excludes the general law of Insurance, which see, including mutual insurance where there is no fraternity of association, and also excludes the general law of associations unconnected with mutual benefit or insurance (see Associations; Corporations). Analysis. I. The association, its officers, members and incidents. Analysis and Index to Sections. II. Benefit or insurance contract and insured risks or causes. § 16. In general; making and requisites of contract. § 17. § 18. 819. Application and certificate. IV. Beneficiary, change of beneficiary, and right to benefits. § 34. -Consent of existing beneficiary. § 35. 36. -Issuance and delivery of new certificate. -Who may question change. -Contract with beneficiary or others preventing change. Manner and mode of changing. -Application for change. -Surrender of certificate. -Payment of fees. Unexecuted intention to change. Validity and efficacy of change. Person entitled to benefit payments or share therein. -Lack of designation or death of designated beneficiary. V. Forfeiture, suspension, avoidance, or cancellation of contract. 854. Waiver and estoppel. Reinstatement. § 55. Proceedings or acts to effectuate forfeiture or suspension. 56. VI. Accrual and amount of benefits. § 57. Accrual and maturity. § 58. Amount payable and changes of amount. § 1 I. The Association, Its Officers, Members and Incidents. VII. Notice, proofs and adjustment; payment and discharge. § 59. In general. §60. Waiver of proofs of loss. $61. Sick or accident benefits. § 63. Deduction for unpaid assessments. § 1 VIII. Actions and proceedings for benefits or to determine rights therein. § 64. In general; primary remedy within the lodge. 865. Excuses for not pursuing internal remedies; waiver. § 66. Waiver of right to sue by further pursuit of internal remedies. § 67. Time, manner and sufficiency of proceedings within asso ciation. Conclusiveness of internal proceedings and decisi ́n. -Issues and variance. § 72. Presumptions and burden of proof. $73. -Production of certificate and documents. $74. Admissibility of evidence. $75. Weight and sufficiency of evidence. $76. Questions of law and fact. $77. Cause of death and contributing conditions. $ 78. 8 79. Instructions. § 80. Verdict and findings. § 81. Interpleader suits. § 82. Equitable remedies of beneficiary or person interested in benefits. Voluntary associations and incorporated social or benevolent societies, see Associations. Masonic fraternity, see Associations. I. THE ASSOCIATION, ITS OFFICERS, MEMBERS AND INCIDENTS. § 1. The association, lodge or corporation. Payment of commissions to organizing agents, see post § 5. Procedure within the lodge or fraternity to discipline or expel members, see post § 9. Procedure to forfeit or suspend contract, see post § 55. Procedure to determine rights to benefits, see post § 67. Grand and local lodges, see post § 13. What constitutes a benefit association an in- Formation and creation of corporations generally, see Corporations, II. Fraternal benefit associations defined, see Pub. Acts 1917, No. 256, chap. IV, § 1. Fund from which to pay expenses of the society, see Pub. Acts 1917, No. 256, chap. IV, §§ 9, 11. At Right to organize and procedure with reference thereto, see Pub. Acts 1917, No. what stage of organization the society 256, chap. IV, § 12. may begin to incur liabilities, see Pub. Acts 1917, No. 256, chap. IV, § 12. Invalidity of preliminary certificate and articles of incorporation where organization of society not completed, see Pub. Acts 1917, No. 256, chap. IV, § 12. Powers of the society, see Pub. Acts 1917, No. 256, chap. IV, §§ 12, 13. Necessity that existing societies reincorporate under Pub. Acts 1917, No. 256, see Pub. Acts 1917, No. 256, chap. IV, § 13. Merger of societies, see Pub. Acts 1917, No. 256, chap. IV, § 14. Annual license to do business, see Pub. Acts 1917, No. 256, chap. IV, § 15. |