Schwer v. Benefit Assn. of Railway Employees, Inc.

The questions for determination in this case are whether the policy of monthly term accident insurance issued by the defendant on January 25, 1934, in which the insured's wife was named as beneficiary, was in force on October 10, 1945, on which date the insured suffered accidental death; and whether, if the policy of insurance was not in force at the time of the death of the insured, the insurer was, nevertheless, liable for the return of policy premiums because of a breach of the contract of insurance resulting from an alleged illegal termination of the policy.

The plaintiff claims that she…