The following excerpt is from Lahey v. Lahey, 174 N.Y. 146, 66 N.E. 670 (N.Y. 1903):
pointed out by the policy and by-laws of the association is subject to three exceptions: (1) If the society has waived a strict compliance with its own rules, and, in pursuance of a request of the insured to change his beneficiary, has issued a new certificate, the original beneficiary will not be heard to complain that the course indicated by the regulations was not pursued; (2) that, if it be beyond the power of the insured to comply literally with the regulations, a court of equity will treat the change as having been legally made; (3) if the insured has pursued the course pointed out by the laws of the association, and has done all in his power to change the beneficiary, but before the new certificate is actually issued he dies, a court of equity will treat such certificate as having been issued. The doctrine of that case was followed in McLaughlin v. McLaughlin (Cal.) 37 Pac. 865,43 Am. St. Rep. 83, and the same exceptions are stated in 2 May on Insurance, 399-0.
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