Legal Opinion · Concurring in part, dissenting in part

John Hancock Mutual Life Insurance Company v. Wanda A. Welsh

Court of Appeals for the Fifth Circuit

Decided September 4, 1959No. 17379_1Published

1Concurring in part, dissenting in partRives, Chief Judge

With commendable candor the appellant’s counsel has I think, confessed by letter that the Court erred in favor of his client in the respect to which the petition for rehearing is granted, and of course, to that extent, I concur. Tentatively, however, I think that the rehearing should be further granted in to-to, and that the judgment of the district court should be affirmed.

At the present juncture, I would have the Court request counsel to submit additional briefs on substantially the following questions:

1. Just what papers constitute the contract of insurance sued on? Does not the contract…

2Cases cited7 opinions

  1. Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
  2. Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
  3. Mutual Life Insurance v. AllenSupreme Court of Alabama · 1909
  4. Page v. Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1936
  5. Life Ins. Co. of Virginia v. HanbackSupreme Court of Alabama · 1948

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