Papers and Addresses on the Law of Fraternal Insurance: Read and Delivered Before the Law Section of the National Fraternal Congress ...
the Congress, 1907 - Fraternal insurance
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action admissible adopted agent agree amend amount answers application assessments Association authority become beneficiary benefit body bound by-laws called cause certificate citizens claim commerce common condition Congress consideration Constitution contract corporation death deceased decided decisions defendant designated dollars duty effect enacted equal equity evidence examination existence express fact follows force Fraternal Fraternal Beneficiary fund further give given governing held hold Honor insane insurance companies interest involved issued judgment Justice knowledge laws limited Lodge matter means meeting membership ment mutual named nature officers opinion Order organization paid parties payment performance person present principle protection provision question rates reason received record reference regulations relation reported representative respect result rules Society statements statute suicide suit Supreme Court thereof tion true waive waiver York
Page 12 - These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them. They are not commodities to be shipped or forwarded from one state to another, and then put up for sale.
Page 6 - If it be held that the term includes the regulation of all such manufactures as are intended to be the subject of commercial transactions in the future, it is impossible to deny that it would also include all productive industries that contemplate the same thing. The result would be that Congress would be invested, to the exclusion of the States, with the power to regulate, not only manufactures, but also agriculture, horticulture, stock raising, domestic fisheries, mining — in short, every branch...
Page 8 - Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labor, transportation, intelligence, care, and various mediums of exchange, become commodities, and enter into commerce; the subject, the vehicle, the agent, and their various operations, become the objects of commercial regulation.
Page 7 - It is also an established principle, as already indicated, that the only way in which commerce between the states can be legitimately affected by state laws, is when, by virtue of its police power, and its jurisdiction over persons and property within its limits, a state provides for the security of the lives, limbs, health, and comfort of persons and the protection of property ; or when it does those things which may otherwise incidentally affect commerce, such as the establishment and regulation...
Page 88 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
Page 75 - And the conclusion was based, among other considerations, upon public policy, the court saying that "a contract, the tendency of which is to endanger the public interests or injuriously affect the public good, or which is subversive of sound morality, ought never to receive the sanction of a court of justice, or be made the foundation of its judgment.
Page 6 - US 691, 702, it was said that " commerce with foreign countries and among the States, strictly considered, consists in intercourse and traffic, including, in these terms, navigation and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.
Page 230 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 106 - Any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit, and having a lodge system with ritualistic form of work and representative form of government, and which shall make provision for the payment of benefits in accordance with section 5 hereof, is hereby declared to be a Fraternal Benefit Society.
Page 46 - But supposing a fair and proper insurable interest, of whatever kind, to exist at the time of taking out the policy, and that it be taken out in good faith, the object and purpose of the rule which condemns wager policies is sufficiently attained; and there is then no good reason why the contract should not be carried out accord ing to its terms.