Smith v. Am. Nat. Bank of Indpls.

While not necessary to a decision, we think the historical background of this litigation will be helpful to a better understanding of the questions involved. The Fidelity Investment & Loan Association was incorporated under the laws of West Virginia in 1911 with power, inter alia, to engage in the business of writing and selling insurance of a type commonly known as annuity contracts. Its name was subsequently changed to Fidelity Investment Assocation and later to Fidelity Assurance Association which latter name still pertains and which we will hereafter abbreviate and call the Association.…