Papers And Addresses On the Law of Fraternal Insurance Read And Delivered Befor

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Papers And Addresses On the Law of Fraternal Insurance Read And Delivered Befor
Carlos S Hardy
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And in a well reasoned case in California it is held that where the insured was fraudulently induced to change the beneficiary that the substituted beneficiary was entitled to the rights conferred by the certificate. Haeft vs. Supreme Lodge, 113 Cal. 91. In that case the Court said : "The last change it is averred was accomplished through the fraudulent representations, undue influence, coercion and duress practiced and exercised upon the father, by his wife, the plaintiff, ( this was the secon...d wife) * * * Defendants do not plead any contract with their deceased father, or any special equities which would deprive him of the right to make a change, but stand upon the ground that they may contest because the change was procured by fraud. But. If it was fraud, did they have a right to complain? Clearlv they had not. Unless either by contract or in law they have 88 LAW SECTION PAPERS some vested interest or right in the certificate which had formerly been taken out in their favor. They claim no such vested interest by contract.

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