McMahan v. Mutual Benefit Health & Accident Ass'n

This was an action brought by the plaintiff to recover upon a policy of accident insurance issued by the defendant. A demurrer to the second amended complaint, interposed by the defendant, was sustained by the trial court. Plaintiff having declined to plead further and having elected to stand on her complaint as twice amended, the court entered a judgment of dismissal, from which the plaintiff appealed.

Appellant, Clara McMahan, is the widow of Clarence L. McMahan, who died March 10, 1945.

On December 7, 1935, respondent, Mutual Benefit Health & Accident Association, issued to Clarence L.…