case to an immediate trial in Richland county and there obtaining a ver- dict because of public prejudice. However, the storms may clear the atmosphere and show that there can be no mockery of justice by forcing a case to trial pending an appeal, and in time counsel may learn that even in a political libel suit, honesty is the best of policy.
PAUL OLSON, Respondent, v. THE GRAND LODGE OF THE
ANCIENT ORDER OF UNITED WORKMAN OF NORTH DAKOTA, a corporation, Appellant.
(184 N. W. 7.)
Insurance—beneficial order held not estopped to interpose defense that insured died in military service within insurance regulations.
1. The failure of a beneficial order to demand or secure from its insured member, an application for war permit and the payment or refusal of an extra war premium provided by its regulations for its members engaged in military service, and the reception of regular assessments and lodge dues while knowing that the insured member was in the service do not constitute, for reasons stated in the opinion, waiver or grounds of estoppel.
Insurance—provisions of beneficial certificate limiting liability where insured engages in military service held to state grounds of a status and not of causation.
2. The provisions in a beneficial certificate or insurance which limits the liability of the beneficial Order if the insured member shall engage in the occupation of a soldier in time of war, engage in military service in time of war, or, shall enter in the service of the United States army, state grounds of a status and not of causation as a test, where no provisions otherwise indicate.
Opinion filed July 5, 1921.
Action in District Court, Stark county, Crawford, J.
Defendant has appealed from a judgment in plaintiff’s favor.
Reversed and remanded.
