Allen v. Prudential Insurance Co. of America

— This is an appeal from a summary judgment dismissing an action brought by the beneficiary named in a policy of life insurance to recover the sum of $20,000 alleged to be payable to her upon the death of the insured if he should die as the result of an accident.

Appellant was the mother of the insured (John R. Allen), who died in Olympia on October 10, 1959, as the result of an automobile accident. Respondent insurer refused payment under the policy on the ground that the policy had lapsed prior to the death of the insured because of nonpayment of premiums as provided therein.

Each party moved…