Liptak v. Security Benefit Ass'n

Mrs. Liptak (plaintiff) sued Security Benefit Association (defendant), a fraternal insurer, for benefits under her deceased husband's 1921 policy after he died in November 1929. Security admitted the policy's purchase but claimed it had lapsed after the husband missed a June 1929 premium payment and that his later reinstatement attempt was procedurally defective - meaning the only real factual dispute at trial was whether Security's lapse allegation was true, a fact Security itself had to prove. The trial judge nonetheless denied Security's request to open and close the evidence, ruling that right belonged to Mrs. Liptak instead, and after a verdict for Mrs. Liptak, Security appealed that evidentiary ruling as reversible error.