Legal Opinion · Concurring in part, dissenting in part

Dickinson v. General Accident Fire & Life Assur. Corp.

Court of Appeals for the Ninth Circuit

Decided February 1, 1945No. 10501Published

1Concurring in part, dissenting in partWilbur, Circuit Judge

I cannot agree that the verdicts of the jury should be reinstated and given effect by the requirement that the lower court render judgment in conformity therewith. The trial judge set aside the verdicts and made its own findings of fact to the effect that no notice, either oral or written, was given to the Insurance Company by the insured ; and rendered judgment in its favor. It was admitted that no timely written notice was given. Assuming that this treatment of the jury’s verdicts was erroneous, it does not follow that, if we reversed the judgment of the trial court based on its findings of…

2Cases cited1 opinion

  1. Indemnity Ins. Co. of North America v. LeveringCourt of Appeals for the Ninth Circuit · 1932

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