-
153 F.2d 209·
9th Cir.·
1946-01-26
·cited 44×
The court held that a fraternal benefit society's certificate of membership, which incorporated its constitution and by-laws, could validly limit the time within which a beneficiary could bring suit, and that the beneficiary's suit was barred by the contractual limitation period.
-
148 F.2d 206·
8th Cir.·
1945-04-04
·cited 30×
The court held that the trial court's findings of fact were not clearly erroneous and that the Railway Mail Association was properly classified as a fraternal benefit society, thus not subject to statutory penalties and attorney's fees.
-
238 F.2d 289·
5th Cir.·
1956-11-14
·cited 23×
The court held that the lower court correctly dismissed the action for lack of federal jurisdiction because the plaintiff's individual claim did not meet the $3,000 threshold and the action was not a 'true' class action allowing for aggregation of claims.
-
136 F.2d 175·
7th Cir.·
1943-06-05
·cited 12×
The court held that the Polish National Alliance, despite being a fraternal benefit society, is engaged in business activities that constitute interstate commerce and thus falls under the National Labor Relations Act.
-
216 F.2d 193·
8th Cir.·
1954-10-27
·cited 8×
The court held that the trial court did not err in submitting the question of accidental death to the jury, but did err in awarding an attorney's fee under a Kansas statute that did not apply to fraternal benefit societies.
-
217 F.2d 876·
7th Cir.·
1954-12-23
·cited 4×
The court held that the jury's verdict for accidental death benefits was supported by sufficient evidence, and the trial court did not err in admitting a hospital record or in providing supplementary jury instructions.
-
122 F.2d 245·
6th Cir.·
1941-08-15
·cited 4×
The court held that the doctrine of res judicata, as applied under Tennessee law, barred the present class action because its issues were substantially identical to those previously decided in a state court class action.
-
243 F.2d 558·
5th Cir.·
1957-04-26
·cited 2×
The knowledge of a fraternal benefit society's agent regarding an applicant's true health condition is imputed to the society, estopping it from asserting defenses based on false answers in the application, but attorney fees are not recoverable against such societies under Florid
-
134 F.2d 558·
5th Cir.·
1943-03-31
·cited 2×
The beneficiary forfeited the death benefit by refusing the insurer's request for an autopsy after burial, as stipulated in the contract.
-
295 So. 2d 683·
Fla. 1st DCA·
1974-06-11
Margaret Fuller appealed a summary judgment denying death benefits under an insurance certificate issued by a fraternal benefit society. The court held that the certificate was an accident-only policy exempt from the incontestability clause requirement under Florida law, and affi
-
177 F.2d 467·
5th Cir.·
1949-11-08
The court held that the insured's change in occupation, as classified by the defendant's constitution and rating manual, correctly reduced the insurance benefits payable, even if the local council had notice of the change.