State Ex Rel. Pollock v. Equitable Life Assurance of the United States

This is a mandamus proceeding in which relator, the owner of a policy on his life, with the right to change the beneficiary, seeks to compel respondent insurance company to make such change, without delivery of the policy for indorsement thereon of the name of the new beneficiary by the company.

Respondent excepted in the lower court to relator’s petition, on the ground that it failed to disclose a right or cause of action. Prom a judgment maintaining this exception and dismissing the suit, relator has appealed.

The facts of the case, as disclosed by the allegations in the petition, are…