Valera Amundson v. Mutual Benefit Health

McDONOUGH, Justice. Action to recover a $5,000 death benefit under the terms on an health and accident insurance policy issued
by the defendant. From an order granting defendant's motion for summary judgment the plaintiff appeals. The complaint alleges that plaintiff is the beneficiary of a policy of insurance issued by the defendant on the life of Emanuel
B. Peterson, who died of accidental injuries January 16, 1928; that the policy was then in force and that it provides for
payment of $5,000 to the beneficiary in the event of the insured's death by accidental means; that a proof of loss was filed
with defendant on June 22, 1961, but that the defendant has refused to pay the claim; that the plaintiff 'did not discover
the existence of said policy until a short time before filing said proof of loss and was not negligent in failing to discover
said policy earlier.' Judgment was demanded for $5,000, interest and costs.