| Show i l I I WIDOW Of DEMANDS MANOS I HER INSURANCE N She Charges Pacific Mutual With Trying to Evade an Honest Debt 1 I IT FT PLEADS TECHNICALITY t 3 INSURED FREIGHT CONDUCTOR AND THEN REFUSED TO PAY Charging that the Pacific Mutual Life Insurance company of California isee ili oking kins to evade the payment of a Ife insurance policy on technical and fraudulent fra grounds Jessie D Stephens widow of ot William F Stephens yester yesterday yesterday day brought suit against that concern i to collect the policy in question the face value of which is 1000 Mrs bars Stephens charges that in No November November November vember 1905 her husband at the solicitation solicitation solicitation tation of one ono of the agents took out the policy and paid the tho pre premium premium premium Stephens was then a freight conductor on the San Pedro Los An Angeles Angeles Angeles geles Salt Lake Lalm road Contained Hazardous Clause In February Stephens was killed in inan Inan inan an accident on the road and the com company company company pany refused to pay the policy because of o the following clause In that docu document document document ment Sec ec 3 3 That no policy shall be valid if ft during the first year following its date I engage in any of the following hazardous occupations or employment handling dynamo or live electric wires blasting mining submarine labor aeronautic ascensions manufacture or handling of any highly explosive substance sub substance substance stance service upon any railroad train thin trainor or track tra k as engineer fireman brake man freight conductor or or in switching or in ht coupling c or un uncoupling uncoupling uncoupling coupling cars or as ass a seaman on any steam or other vessel unless written permission is first expressly granted by the tho company compan Company Knew About It The complaint charges that notwithstanding notwithstanding standing the fact that Stephens signed the policy containing this clause the company knew when it issued the policy that he was engaged in one of the occupations enumerated therein In fact it Is la charged it accepted from him an assignment in part of the tho wages due him from the railroad d com company company company pany in payment of his premium The complaint declares that by rea reason reason reason son of its knowledge of the employment and occupation of said William m P Stephens at the time of his application and at the time of the issuance ac acceptance acceptance acceptance and delivery of said policy of insurance and by reason of its ac acceptance acceptance acceptance of said premium and said assignment as assignment assignment of the said wages of the said William F Stephens and retention thereof with knowledge and notice of such employment that said defendant has waived and is estopped from deny ing its liability upon said policy and claiming tha benefits and advantages if any there could be accruing to it by reason of said above quoted part of said application for insurance Judgment in the full amount of the policy polley Is asked for Stephens Smith are arc attorneys for the plaintiff |
