Toles v. Metropolitan Life Ins. Co.

JANVIER, Judge.

This is a suit on a policy of industrial in; surance alleged to have been issued on the life of Andrew Toles. The plaintiff, Maxie Toles, without alleging that she was named beneficiary in the policy, or even that there was no other such beneficiary named, claims the proceeds, alleging that she is “the sole legal heir of the insured. * * * ” Defendant corporation, by exception of no right of action, challenges the right of plaintiff to claim, as heir, the proceeds of the policy. This exception is based on two contentions: First, it is argued that an heir of an insured cannot…