Home Benefit Ass'n v. Aycock

ALEXANDER, Justice.

This action was brought by Mrs. Lura Aycock to recover on a mutual benefit certificate issued on the life of Thomas A. Aycock. A trial before the court without a jury resulted in judgment for plaintiff. The defendant appealed.

The insurance association, which was a local mutual aid association, defended on the ground that the policy had lapsed for failure to pay a death assessment. The policy or certificate of insurance contained the following provision: “It is further agreed that failure to pay any assessment, so levied, within ten days from date of call, or to pay said…