Washington v. Policy Holders Life Insurance

Plaintiff brought this action to recover upon two life insurance policies. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff, defendant appeals.

After the filing of appellant’s opening brief, respondent made a motion to dismiss or affirm under section 3 of Rule V of the Rules for the Supreme Court and District Courts of Appeal. Points and authorities were filed by respondent in support of his motion and appellant filed its points and authorities in opposition thereto. Upon the hearing, the motion was argued and submitted and the parties stipulated that the cause might stand submitted upon the merits on the points and authorities on file in the event that said motion was denied. In our opinion this is not a proper case to grant the motion to dismiss or affirm under the rule. The motion is therefore denied and we shall proceed to a consideration of the appeal on its merits.

In July, 1930, two life insurance policies were issued by appellant to Grace May Washington, the wife of respondent, in which policies respondent was named as beneficiary. Said Grace May Washington died in March, 1932. After the death of the assured appellant…