Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a Corporation

On July 1, 1947, the Mutual Life Insurance Company of New York, in response to an application of one Albert Francis Morairty, issued two $50,000.00 life insurance policies on the life of Albert Francis Morairty upon the payment of a premium of $1,484.00 each. Each policy was for one year. In one policy, Morairty’s wife, Ruth M. Morairty, was' the beneficiary. The other policy which is attached to the complaint filed in this case, states that the beneficiary is the insured’s partner, Ronald M. Byrnes.

The policy year was to be reckoned from July 16, 1947. The yearly provision was to be followed by a life paid. up policy at the age of 85 years. In the Complaint filed in the District' Court of the United States for the District of Arizona, Byrnes sought to recover on the policy. He alleged that Morairty died on the 29th day of January, 1948, that Byrnes as beneficiary had demanded the payment of the sum of $50,000.00, whicfi was refused.

The Answer of the defendants admitted the issuance of the policy, the payments of the premium, notice of proof of death and refusal of payment. It denied that any amount was due.

A second defense alleged that the policy wherein Byrnes was named…