Bench v. Equitable Life Assurance Society of United States

TUCKETT, Justice:

The plaintiff commenced this action seeking to recover upon certain policies of life, disability and hospital insurance. The District Court granted the defendant’s motion to dismiss pursuant to Rule 12, U.R.C.P., and from an order of dismissal with prejudice the plaintiff appeals to this court.

Prior to April 26, 1963, Leland E. Bench had been employed by Ajax Press Company. The Ajax Press Company had entered into an arrangement for group insurance for its employees with the defendant. Leland E. Bench as an employee of Ajax was covered by two group life insurance policies as…