Linnastruth v. Mut. Benefit Health & Accident Ass'n

22 Cal.2d 216 (1943)

BELLE LINNASTRUTH, Appellant,

v.

MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION (a Corporation), Respondent.

L. A. No. 18502.

Supreme Court of California. In Bank.

May 17, 1943.

Lyle W. Rucker for Appellant.

J. Edward Haley and De Lancey C. Smith for Respondent.

Horace T. Beverly and Keesling, Smith & Wayland, as Amici Curiae, on behalf of Respondent.

SHENK, J.

The plaintiff as beneficiary sued on contracts of accident insurance issued to her husband Frank Linnastruth. The trial court, sitting without a jury, rendered judgment for the defendant. The plaintiff appealed. The facts are…