John Hancock Mut Life Ins v. Gwinn Milling Co.

OPINION

By HORNBECK, J.

The defendant in error was plaintiff and the plaintiff in error, defendant, in the trial court. We shall so refer to them.

In 1925 the defendant issued a one-year renewable term group policy of insurance to the plaintiff company. The policy was dated March 31, 1925, and was for the benefit of employees of the plaintiff designated and to be designated by it. The company elected to renew the policy up to the end of the policy term, March 31. 1929.

For the year ending March 31, 1929, Edwin A. Welsh, an employee of the plaintiff, was insured as a certificate holder under the…