Legal Opinion
Barnett v. New England Mut. Life Ins.
Court of Appeals for the Fifth Circuit
Decided November 27, 1941No. 10060PublishedCited by 2 opinions
1Opinion of the Court
McCORD, Circuit Judge.
The New England Mutual Life Insurance Company issued two $5,000 policies of life insurance to David A. Barnett. The policies were issued in February and June of 1938, and on December 12, 1938, Barnett died. After the death of the insured the company notified the beneficiary, Mrs. Mary Hawkins Barnett, that it had decided to rescind the two policies. The company tendered a refund of the premiums paid, but Mrs. Barnett refused to accept the tender, and further refused to agree to cancellation of the contracts.
On January 16, 1939, the company filed its complaint in the…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Griffin v. McCoachSupreme Court of the United States · 1941
- Ruhlin v. New York Life InsuranceSupreme Court of the United States · 1938
- Atlas Life Insurance v. W. I. Southern, Inc.Supreme Court of the United States · 1939
- Jefferson Standard Life Ins. v. McIntyreCourt of Appeals for the Fifth Circuit · 1923
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3Cited by2 opinions
- Mildred S. Curry v. Pyramid Life Insurance Company and Home Savings Association of Kansas CityCourt of Appeals for the Eighth Circuit · 1959
- Reliance Life Ins. Co. of Pittsburgh v. Everglades Discount Co.Court of Appeals for the Fifth Circuit · 1953