Simpkins v. Business Men's Assur. Co. of America

On November 21, 1945, Business Men’s Assurance Company of America issued its policy of insurance upon the life of Elihue Simpkins. Grade Wayman Simpkins, mother of insured, was named beneficiary.

On March. 25, 1946, insured lost his life in a fire. Demand wás made for payment of' the amount claimed to be due under the policy. Payment was refused upon the ground that the policy had lapsed before the death of insured.

Plaintiff brought this suit to recover under the policy and alleged in her declaration the policy was in full force and effect; the death of insured was by accidental means; the…