Campbell
Order of United Commercial Travelers of America v. Campbell
Opinion
Lead Opinion
Heady, J.
The suit is on a policy of accident insurance. From a verdict and judgment in favor of the beneficiary the insurer appeals.
Appellant is a fraternal benefit association incorporated in Ohio and authorized to do business in the state of Washington. The insured, Robert H. Campbell, became a member of the local council of the order at Seattle in 1920, at which time a certificate of insurance was issued to him.
The order is governed by a Supreme Council. It has two types of membership, one being for fraternal purposes only, the other including in addition protection against accidental injury or death. The constitution and by-laws effective at the time of insured’s death in 1938 1 provided for an annual assessment of $16 against insured members. The dues of the local council, amounting to $1 per quarter, were required to be paid concurrently with the insurance dues. The insured paid his assessments quarterly.
It was provided by the governing laws of the order and by the contract of insurance that any member who. failed to pay the assessments on or before their due. date automatically became delinquent. The member could restore himself to good standing by paying the delinquent…