Grand Lodge of the Brotherhood of Railroad Trainmen v. Groves
Grand Lodge of the Brotherhood of Railroad Trainmen v. Groves
Opinion of the Court
delivered the opinion of the Court:
It is undisputed that Groves’s application was not attached to the certificate, nor was a copy of it delivered to him with the certificate, or at any other time. Prior to June 30, 1902, sec. 657 of the Code provided: “Each life insurance company doing business in the Distinct of Columbia shall attach to each policy issued by such company a copy of the application made by the insured, so that the whole contract may appear in said
The constitution of the Brotherhood provides in sec. 64 that all right of action upon certificates shall be absolutely barred unless “action shall be commenced in some court of competent jurisdiction within six months after the final rejection of the claim by the Board of Insurance.” Action was not brought within that time, and, because of this, appellant says, it is barred. According to the settled rule of the Federal courts, a provision like the one we are considering is valid as “a matter of contract to be enforced as any other term contained in the conditions embraced in the policy.” McElhone v. Massachusetts Ben. Asso. 2 App. D. C. 397, 403; see also Southern Exp. Co. v. Caldwell, 21 Wall. 264, 269, 22 L. ed. 556, 558; Riddlesbarger v. Hartford L. Ins. Co. 7 Wall. 386, 389, 19 L. ed. 257, 259; Thompson v. Phenix Ins. Co. 136 U. S. 287, 298, 34 L. ed. 408, 413, 10 Sup. Ct. Rep. 1019.
But is it a part of' the contract under examination ? If not, it cannot be employed to defeat the action. Section 657, supra,, after providing that a copy of the application shall be
.The certificate says,that it is issued on the express conditions that Groves “shall comply with the constitution, by-laws, ■rules, and regulations * * * which * "x" "x" are made a part hereof.” It may well be doubted whether this comprehends more than those parts which imposed obligations on him.. It does not seem reasonable that it was the purpose of
Be that as it may, we think Code sec. 657 could not be satisfied by making see. 64 of the constitution of the Brotherhood a part of the contract by reference. For the reasons heretofore stated, it requires an actual incorporation in the certificate and application of every element of the agreement “so- that the whole contract may appear in said application and policy.” (Italics burs.)
The conclusion which wre have reached is in nowise inconsistent w-ith the decision in Supreme Council R. A. v. Behrend, 247 U. S. 394, 62 L. ed. 1182, 1 A. L. R. 966, 38 Sup. Ct. Rep. 522. In that case the question wras as to whether or not a member of a fraternal order could change the name of the beneficiary in a certificate of insurance issued upon his life without the beneficiary’s consent. The court disposed of the case upon two grounds: (a) That as a matter of general law, there being no special statute or rule of the association to the contrary, the member could change the beneficiary whenever he pleased; and (b) that the certificate before the court expressed “on its face” that the member had this power. The provision, then, which was relied upon appeared on the face of the contract, and thus complied with the requirements of see. 657 as amended. Other questions were argued, but the court expressly limits its decision to the two points just mentioned.
Believing the record to be free from error, we affirm the judgment, with costs. Affirmed.
Reference
- Full Case Name
- GRAND LODGE OF THE BROTHERHOOD OF RAILROAD TRAINMEN v. GROVES
- Status
- Published
- Syllabus
- Life Insurance; Df.livert of Application; Limitation of Actions. 1. Under see. 657 of the District Code (32 Stat. at L. 534, chap. 1329), providing that every life insurance company, benefit order, and association shall deliver with each policy a copy of the application, in default of which no defense shall be allowed to a policy on account of anything contained in, or omitted from, the application, the defense that the insured misstated his age in his application is not available to a grand lodge of the Brotherhood of Railroad Trainmen in an action on an insurance certificate issued to him, where the application was not attached to the certificate, nor a copy of it delivered with the certificate, or at any other time. 2. The statement in an insurance certificate of a fraternal order, that it is issued on the express condition that the insured shall comply with the constitution, which is made a part thereof, does not make a section of the constitution requiring an action on the certificate to be brought within a certain time a part of the contract of insurance so as to defeat an action commenced after such time; since under the provision of sec. 657 of the District Code (32 Stat. at L. 534, chap. 1329), that a copy of the application shall be delivered with every policy “so that the whole contract may appear in said application and policy,” nothing can be regarded as part of the contract which is not physically embodied in the policy or application. (Citing Rudolph v. United, States, 37 App. D. C. 455; and United States ex rd. Gribblc v. Ballinger, 33 App. D. C. 211.)