Legal Opinion
Mrs. Alice O. Boswell v. Gulf Life Insurance Company
Court of Appeals for the Fifth Circuit
Decided November 15, 1955No. 19-10197PublishedCited by 2 opinions
1Opinion of the Court
BROWN, Circuit Judge.
Appellant, mother of Elmer M. Boswell, sought recovery of policy benefits for his death caused by a gunshot wound which, she claimed, resulted from bodily injuries effected through external, violent and accidental means. The Insurer defended on the sole ground that its policy expressly excepted death resulting from “suicide, while sane or insane”. On a jury trial, after removal from the State Court, at the conclusion of all of the evidence, the court directed a verdict for the Insurer. Testing this action we apply the Georgia law. Erie R. Co. v. Tompkins, 304 U.S. 64, 58…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
- Woodruff v. American Mutual Liability InsuranceCourt of Appeals of Georgia · 1942
- New York Life Insurance v. KingCourt of Appeals of Georgia · 1922
- Gem City Life Insurance v. StriplingSupreme Court of Georgia · 1933
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Faye R. Beaver v. Fidelity Life AssociationCourt of Appeals for the Tenth Circuit · 1963
- Tippets v. Gem State Mutual Life Association, Inc.Idaho Supreme Court · 1966