Old American Life Ins. Co. v. Biggers

PHILLIPS, Chief Judge.

The Old American Life Insurance Company 1 instituted this action against Biggers seeking a decree adjudging a contract to be void, or, in the alternative, that it be adjudged to terminate when Biggers had received the amount of $22,443.26 thereunder.

The Insurance Company was organized under an Act known as the Mutual Benefit Act of the State of Oklahoma, 36 Okl.St. 1941 §§ 691-712, under the name of the Duncan Life and Accident Association, Duncan, Oklahoma. From the date of its organization until March, 1929, it operated on a post-mortem assessment plan. In March, 1929,…