Killian v. Conselho Supremo Da Union Portugueza Do Estado Da California

NOURSE, P. J. Plaintiff’s deceased husband was insured in the defendant organization holding a fraternal life policy calling for monthly payment of premiums, or dues. For many months prior to his death the deceased was in arrears in his payments due to illness and lack of employment. Some of these payments were voluntarily advanced by the secretary of the local lodge or “subordinate council”, apparently without the knowledge of the deceased. As late as October, 1932, the deceased deemed himself automatically suspended from the order and the consequent forfeiture of his insurance by reason of the provision of the constitution reading: “Every member that will not pay his respective contributions and dues up to the last day inclusive of the month in which they are levied or must be paid, becomes ipso facto suspended of all the benefits of the U. P. E. C.”

On December 23, 1932, deceased was taken to a hospital suffering a serious illness from which he died on the 27th of that month. On December 24th his sister-in-law and son appeared at the office of the secretary of the local council and left a check with him covering all dues owing by deceased. The appropriate amount was transmitted to the supreme council, which refused to accept it on the ground that the deceased had forfeited his rights in the order by reason of the conditions in the constitution reading: “Any member suspended for debt may be reinstated within the period of three months, counting from the date of the suspension, by the majority of the votes of the assembly in regular meeting by the Council, by paying to the Council not only everything that he was owing before the suspension, but also the assessments and dues which accrued during suspension. After three months, and not exceeding six of said suspension, he must present a medical certificate which shall be submitted to the Supreme Medical Examiner; he must pay fifty cents for the examination of the Medical Certificate by the Supreme Medical Examiner; and must also receive two-thirds of the vote present at a regular meeting. After all these requisites have been complied with, he will be reinstated.”

[499]It is conceded herq, and was so found by the trial court, that the deceased x^as automatically suspended from all benefits of the contract by reason of the terms of the constitution, that he was in arrears for more than three months, that he was not reinstated by a majoritj7", or any xrote, of the local council, and that he did not tender a medical certificate or pay the required fee for a medical examination.