(DOWNLOAD) "Equitable Life Assur. Soc. of United States v. Deem" by Fourth Circuit Circuit Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Equitable Life Assur. Soc. of United States v. Deem
- Author : Fourth Circuit Circuit Court Of Appeals
- Release Date : January 06, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The proper interpretation of an excepting phrase in the incontestable clause of a life insurance policy is the matter for decision in this case. In addition to the promise of the insurer to pay $10,000.00 to the insureds beneficiary on his death, the policy, issued April 9, 1929, contained provisions for the payment of double indemnity in the event of the death of the insured from accident, and also for the payment of benefits of $100.00 a month to the insured in the case of his total and permanent disability, and for the waiver of subsequent premiums in that event, "subject to the conditions of such provision." On February 21, 1936, the insured filed suit against the insurer in the district court to recover disability benefits accruing from January 1, 1932. The insurer defended on the ground of certain specified false and fraudulent representations alleged to have been made by the insured in his application for the policy. The plaintiffs demurrer to this defense was sustained by the district court and at the trial of the case evidence in support of the defense offered by the defendant was rejected by the court, with the result that the plaintiff obtained a judgment for disability benefits under the policy in the sum of $5,962.50, from which the defendant has prosecuted this appeal.
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