Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance Company
Court of Appeals for the Fourth Circuit
1Opinion of the Court
OPINION
BUTZNER, Senior Circuit Judge:
Johnny Overstreet, administrator of the estate of David Wilkey, appeals a summary judgment in favor of Kentucky Central Life Insurance Company in a diversity action alleging wrongful death, entitlement to policy proceeds under the North Carolina Slayer Statute, and unjust enrichment. The suit was brought after David Fisher, beneficiary on a policy insuring Wil-key’s life, was convicted of procuring Wil-key’s murder. The district court held that the company was not estopped from pleading the statute of limitations, that Fisher’s fraud voided the policy,…
2Cases cited43 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- N. Brown FELTY, Plaintiff-Appellant, v. GRAVES-HUMPHREYS COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
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3Cited by116 opinions
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- St. Paul Fire & Marine Insurance Company v. Cecil B. Jacobson, Jr. Reproductive Genetics Center, LimitedCourt of Appeals for the Fourth Circuit · 1995
- McWilliams v. Fairfax County Bd. of SupervisorsCourt of Appeals for the Fourth Circuit · 1996
- Bright v. QSP, Inc.Court of Appeals for the Fourth Circuit · 1994
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