Hartline v. Mutual Ben. Health & Accident Ass'n

SIBLEY, Circuit Judge.

The declaration of the plaintiff-appellant was dismissed on demurrer. It sought recovery in three counts on a contract of accident insurance because of the accidental death on December 22, 1934, of the insured, her husband; she being named beneficiary. The first count sets up that on December 14, 1934, the insured was solicited by a named agent of the defendant-appellee to take insurance described fully in a prospectus exhibited to insured and made a part of the declaration. “Plaintiff avers that said Hartline (insured) having been fully informed of rhe terms' and…