All States Life Ins. Co. v. Perkins

Opinion op the Court by

Morris, Commissioner

Reversing.

On March 18, 1938, appellant issued an industrial policy providing for payment of $250 upon the death of Edna Williams, to the beneficiary, appellee, a daughter of the insured. About one year after the issuance of the policy insured died, and the insurer declining to pay, beneficiary instituted suit to recover.

Insurer admitting the issuance of the policy denied that the proof of loss was made in accordance with its rules. In a second paragraph insurer, in avoidance of liability, plead that no medical examination was required, but that…