Mutual Benefit Health & Accident Ass'n v. Arrington

Appellee, Mrs. Mae Arrington, as beneficiary under an insurance policy issued to her husband by appellant, sued to recover an alleged balance due under the policy. The insurance was for the amount of $3,000. It is undisputed here that the insured, appellee’s husband, while -engaged as a “gravel checker” was run over and killed instantly by a truck. At the time of his death the policy which covered accidental death, was in full force and effect, and all premiums had 'been paid. Due proof of death was furnished appellant.

Appellant, through its agents, paid appellee $1,250 and took a release…