Linnastruth v. Mut. Benefit Health & Accident Ass'n

The plaintiff as beneficiary sued on contracts of accident insurance issued to her husband Frank Linnastruth. The trial court, sitting without a jury, rendered judgment for the defendant. The plaintiff appealed. The facts are without substantial conflict.

All of the transactions and events took place in 1940. On July 17, Linnastruth signed applications for two policies of accident insurance of $1,250 each and paid $13 as the initial premium on each policy. Each application contained the following as the first paragraph: “I, the undersigned, hereby make application to the Mutual Benefit Health…