Legal Opinion
Walter S. Mooneyham v. Wabash Life Insurance Company
Court of Appeals for the Fifth Circuit
Decided June 3, 1969No. 27079Published
1Per curiam
Appellant was the insured on a disability policy issued by appellee. He sued, claiming total disability. Wabash denied liability on the ground appellant misrepresented his physical condition in making his application for the policy. Summary judgment was granted for appellee. 1
The application was made on September 27, 1966. The two questions thereon critical to this case were:
Q. Are you, to the best of your knowledge, in good health, free from physical or mental impairment, and free from the effects of any injury? If not, explain.
A. Yes.
Q. State the cause of any disease or disability you have…
2Cases cited5 opinions
- Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- National Standard Life Insurance Co. v. PermenterSupreme Court of Florida · 1967
- American Bankers Life Assurance Co. v. TothDistrict Court of Appeal of Florida · 1964
- Stix v. Continental Assurance Co.Supreme Court of Florida · 1941