Leven v. Yeomen Mutual Life Insurance

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to recover on a benefit certificate of insurance.

The insured was in arrears in the payment of his monthly dues and assessments at the time of his death; and the controverted issue between the plaintiff beneficiary and the defendant company was whether the liability of the latter was merely the paid-up value of the benefit certificate or its face value under the contract provision for extended insurance.

The pertinent facts were these: On December 8,1922, a predecessor of the defendant organization issued a certificate of…