Amundson v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N.

McDonough, justice.

Action to recover a $5,000 death benefit under the terms of an health and accident insurance policy issued by the defendant. From an order granting defendant’s motion for summary judgment the plaintiff appeals.

The complaint alleges that plaintiff is the beneficiary of a policy of insurance issued by the defendant on the life of Emanuel B. Peterson, who died of accidental injuries January 16, 1928; that the policy was then in force and that it provides for payment of $5,000 to the beneficiary in the event of the insured’s death by accidental means; that a proof of loss was…