Lyon v. Mutual Benefit Health & Accident Assn.

Petitioner, (plaintiff below) brought suit as beneficiary in the District Court against respondent (defendant below) on a health and accident policy issued by respondent in 1926 to petitioner’s husband. Plaintiff alleged that the insured was accidentally killed July 26, 1934, while the policy was in full force and effect insuring against death resulting from accidental causes. At *486the conclusion of plaintiff’s evidence, defendant declined to offer any evidence and did no more than move for a peremptory instruction. Defendant’s motion was based upon the contentions that (1) the policy was not…