Krussman

This appeal was taken from a judgment rendered in favor of appellee as beneficiary under a fraternal benefit certificate of insurance issued by appellant on the life of Eric A. Krussman, deceased.

Deceased applied for and was granted membership in appellant and obtained its insurance advantages. The application was dated August 7, 1935, and the certificate was dated September 30, 1935. The certificate required payment of $11.70 before the last day of each month, and made the provisions of appellant’s articles of incorporation, constitution, by-laws and laws applicable to the contract. One of the provisions specifies that if any member “fails to make any such payment on or before the last day of the month it shall thereby become delinquent, he shall thereby become suspended, his beneficiary certificate shall be void, the contract between such person and the Society shall thereby completely terminate * * * ”. Under the provisions, after forfeiture for nonpayment, reinstatement might be had by payment of the “delinquent installment” provided the member was in good health, hut if he was not, he had no rights whatever under the certificate.

Several provisions as to waiver were…