Brasier v. Benefit Association of Railway Employees

Plaintiff was injured in an automobile accident and became disabled. During the 4 succeeding months defendant insurer paid him $300 per month, and also his medical expenses, in accord with the terms of a health and accident insurance policy which it had issued to him 13 months before the accident. Then defendant refused to make further payments, advised plaintiff that it was rescinding the policy, tendered to him the premiums he had paid and demanded his return of the benefits previously paid to him under the policy. The grounds asserted by defendant for such action were that, in his…