Legal Opinion
The Franklin Life Insurance Company v. State Neon Sign Company, Inc.
Court of Appeals for the Fifth Circuit
Decided May 22, 1964No. 20300PublishedCited by 5 opinions
1Opinion of the Court
GRIFFIN B. BELL, Circuit Judge.
State Neon Sign Company, the appel-lee here and the plaintiff below, was named beneficiary under two policies of insurance issued by Franklin Life Insurance Company upon the life of its president, Mr. Pickett. These policies were issued in 1959 and Mr. Pickett died in 1960, some seventeen months later but within the period of contestability. Franklin Life declined to pay on the policies, and tendered back the premiums paid which tender was refused. The suit which is the basis of this appeal followed, and judgment was entered on a jury verdict for the beneficiary.
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Stillson v. Prudential Ins. Co. of AmericaSupreme Court of Georgia · 1947
- Preston v. National Life & Accident InsuranceSupreme Court of Georgia · 1943
- State Farm Mutual Automobile Insurance v. AndersonCourt of Appeals of Georgia · 1963
- Supreme Conclave Knights of Damon v. WoodSupreme Court of Georgia · 1904
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3Cited by5 opinions
- The Life Insurance Company of Virginia v. Leroy J. Shifflet, as De Bonis Non of the Estate of Florence i.shifflet, DeceasedCourt of Appeals for the Fifth Circuit · 1966
- Hartford Accident & Indemnity Company v. HartleyDistrict Court, M.D. Georgia · 1967
- Louella Starling v. Gulf Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
- Globe Life & Accident Insurance Company v. Hollis C. StillCourt of Appeals for the Fifth Circuit · 1967
- Mercer v. Mutual Life InsuranceDistrict Court, M.D. Georgia · 1967