Legal Opinion
The Prudential Insurance Company of America v. Frances S. Barden
Court of Appeals for the Fourth Circuit
Decided April 13, 1970No. 13417PublishedCited by 4 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge.
Two policies issued by The Prudential Insurance Company of America on October 1, 1966 in North Carolina upon the life of Frank Barden were rescinded at the insurer’s suit after his death on December 28, 1966. Both the suit, and the decision of the District Court sustaining it, were grounded upon the assertion of falsity in material representations in the application for the insurance. The beneficiary of the contracts — Frances S. Barden, the widow — appeals. We reverse because of the failure in proof of misrepresentations and also because of the waiver of the…
2Cases cited5 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
- Bowles v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Fourth Circuit · 1938
- Old Colony Insurance Company v. E. W. Garvey and Wife, Mary L. GarveyCourt of Appeals for the Fourth Circuit · 1958
- Phyllis J. Sivertsen v. The Guardian Life Insurance Company of AmericaCourt of Appeals for the Fourth Circuit · 1970
3Cited by4 opinions
- Mona Rutherford, of the Estate of Josephine McConnell Rutherford v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1977
- Tedder v. Union Fidelity Life InsuranceDistrict Court, E.D. North Carolina · 1977
- Suluai v. National Western Life InsuranceHigh Court of American Samoa · 2002
- The Prudential Insurance Company of America v. Frances S. BardenCourt of Appeals for the Fourth Circuit · 1970