Legal Opinion
Franklin Life Ins. v. Critz
Court of Appeals for the Fifth Circuit
Decided January 27, 1940No. 9115PublishedCited by 3 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal is from a judgment dismissing a bill filed by appellant seeking to cancel a policy of insurance issued by it upon the life of appellee’s husband, because of his alleged breach of warranty in making false answers in his application for reinstatement of the policy which had lapsed for non-payment of premium. The sole basis of our jurisdiction is diversity of citizenship.
The policy was issued in Mississippi in 1929, and is governed by the law of that state. Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487; Section 5131…
2Cases cited6 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Fidelity Mutual Life Insurance v. MiazzaMississippi Supreme Court · 1908
- Fidelity & Casualty Co. v. CrossMississippi Supreme Court · 1923
- Mutual Reserve Fund Life Ass'n v. OgletreeMississippi Supreme Court · 1899
- Pacific Mut. Life Ins. Co. of California v. CunninghamCourt of Appeals for the Fifth Circuit · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Madden v. Metropolitan Life Ins. Co.Court of Appeals for the Fifth Circuit · 1943
- Metropolitan Life Ins. v. MaddenCourt of Appeals for the Fifth Circuit · 1941
- New York Life Ins. v. LoweCourt of Appeals for the Fifth Circuit · 1941