Legal Opinion
Efthimi Thomas v. Mutual Benefit Health and Accident Association
Court of Appeals for the Second Circuit
Decided February 28, 1955No. 177, Docket 23288PublishedCited by 13 opinions
1Per curiam
We agree with Judge Dawson’s reading of the insurance contract. D.C.S.D. N.Y., 123 F.Supp. 167. Defendant belatedly suggests the existence of an issue of fact concerning plaintiff’s denial of further insurance covering this loss other than that which she particularized in her affidavit. But the plaintiff’s affidavit to the point is clear and precise. And the defendant, who for a year thereafter had opportunity through pre-trial examination of the plaintiff and of others to develop contradictory facts, if such existed, asserts nothing beyond unsubstantiated doubt as to the accuracy of the…
2Cases cited7 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Marion County Cooperative Ass'n. v. Carnation CoCourt of Appeals for the Eighth Circuit · 1954
- Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- J. J. Lawson, Doing Business Under the Name of Industrial Manufacturing Company v. American Motorists Insurance CorporationCourt of Appeals for the Fifth Circuit · 1955
- Appolonio v. BaxterCourt of Appeals for the Sixth Circuit · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sylvester Lockhart, Jr. v. Charles A. Hoenstine, Prothonotary of the Superior Court of PennsylvaniaCourt of Appeals for the Third Circuit · 1969
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Dressler v. MV SandpiperCourt of Appeals for the Second Circuit · 1964
- David Atlas v. Eastern Air Lines, IncorporatedCourt of Appeals for the First Circuit · 1962
- Dressler v. The Mv SandpiperCourt of Appeals for the Second Circuit · 1964
8 more not listed; retrieve them via the Exa API.