Johnson v. Mutual Benefit Health & Accident Ass'n

Plaintiff sued as beneficiary for a policy of insurance issued by defendant. Demurrer to the second amended complaint was sustained and plaintiff, declining to amend, appeals from the judgment thereafter entered.

The complaint alleges that on January 14, 1928, the defendant issued a policy of insurance to C. A. Russell, naming plaintiff as beneficiary; that the policy was issued in consideration of the payment “of an annual 'premium of seventy-four ($74.00) dollars as follows: the sum of twenty-six ($26.00) dollars as initial payment and as the first quarterly installment and the sum of sixteen ($16.00) dollars as quarterly installments thereafter”; that, on the third day of January, 1929, while said “policy was in full force and effect”, the insured died; and that the insured fully paid each installment as it became due and fully paid “the annual premium” upon said policy. The policy of insurance is made a part of the complaint and is pleaded in full as an exhibit. This policy discloses that it was issued upon these express terms: “the payment in advance of twenty-six ($26.00) dollars as first payment; and the payment in advance of premiums of sixteen ($16.00) dollars quarterly…