Gifford v. Travelers Protective Assn

In 1932, the association issued a Class "A" certificate of membership to appellants father, George Gifford, under which it assured to the insured "such benefits as may be provided for Class A members in and by the Constitution, By-Laws and Articles of Incorporation of said Association in force and effect at the time any accident occurs from which a claim for benefit arises." Houghton Gifford, appellant herein was named beneficiary. The Certificate of Membership, by its terms, subjected the "member and his beneficiary or beneficiaries" to the provisions of the Constitution, By-Laws and Articles of Incorporation of the Association. The Certificate of Membership and the Constitution required written notice to the Association within thirty days from date of injury, and in the event of death similar notice within thirty days thereafter. Article XIII, Sec. 1 of the Constitution binds the "member and his beneficiary or beneficiaries," and Article XII, Sec. 7 limits the period for commencement of suit to within six months after refusal of the Association to pay a claim.