Salter v. Security Benefit Life Insurance Company

THORNTON, District Judge.

The Court has before it defendant’s motion for summary judgment and plaintiff’s motion to amend her Complaint.

The issue here for determination is a narrow one and depends upon the effect of nonpayment of any premium whatsoever upon the existence of a contract of insurance. The basic factual background of this controversy appears to be undisputed. It centers about a life insurance policy in the amount of $10,000 containing a provision for double indemnity. Application was made by plaintiff’s husband and, prior to the issuance of the policy to the applicant, he died as…