#### Margaret Casey, Defendant in Error, v. Ladies Catholic Benevolent Association, Plaintiff in Error.

Gen. No. 20,503.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914.

Reversed and remanded.

Opinion filed October 5, 1915.

Statement of the Case.

Action by Margaret Casey, plaintiff, against the Ladies Catholic Benevolent Association, defendant, in the Municipal Court of Chicago, to recover on a benefit certificate wherein plaintiff was designated as beneficiary. To reverse a judgment for plaintiff, defendant prosecutes this writ of error.

*3Abstract of the Decision.

1. Insurance, § 826 * —when evidence sufficient to show waiver of by-law provision as to change of beneficiary. In an action to recover on a benefit certificate issued by defendant to one Annie Mahon wherein plaintiff was named as beneficiary, where it appeared that defendant subsequently, at the request of insured, issued a new certificate wherein plaintiff was not named as beneficiary, and where it appeared that said Mahon’s application for such change was not in conformity with defendant’s by-laws, which required such application to be personally signed, the signature of said Mahon to such application being made in her presence by another by her direction, a peremptory instruction for plaintiff held error, where there was evidence of a .waiver by defendant of the provisions of its by-laws.

2. Insurance, § 885 * —when evidence admissible as to change of beneficiary. In an action by a beneficiary to recover on a benefit certificate wherein plaintiff was named as beneficiary, where defendant offered in evidence an application by the insured named in such certificate requesting the designation of the beneficiaries and to designate others than plaintiff, which application was signed for insured by another person, in her presence and by her direction, held error to exclude such evidence, although defendant’s by-laws required such application to be signed by insured personally, for the reason that the fact that defendant complied with the request of insured, and, on surrender of the old certificate, issued a new one wherein others than plaintiff were designated as beneficiaries, tended to show a waiver by defendant of the provisions of its by-laws relating to the matter of signature of such application, and that the contract under which plaintiff claimed had been superseded by another, authorized by insured and consented to by defendant.

3. Insurance, § 826 * —when provision as to change of- beneficiary may be waived. Provisions of the by-laws of a fraternal beneficiary association prescribing that applications for a change of the designation of beneficiary must be signed by insured personally may be waived by such association, and, if so waived, it becomes immaterial *4whether such by-laws were complied with or not, so far as the rights of beneficiaries are affected, as such provisions are for the benefit of the association and not of the beneficiary.

*3Ryan & Condon, for plaintiff in error; Irvin I. Livingston, of counsel.

Jonas & Hess, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.