Swinney v. Modern Woodmen of America

Plaintiff below will be known as respondent herein, and defendant below will be referred to as appellant. James T. Swinney, husband of respondent, will be called insured.

Appellant issued its policy in amount of $2000 on the life of insured in 1903. Later this policy was reissued and respondent was named as sole beneficiary. In 1929, appellant, by appropriate action, changed its by-laws and provided therein that rates on all policies issued prior to 1919 should be increased materially under a step rate plan; or insured could at his option, without physical examination, exchange his policy for…