New York Life Insurance Company v. Lawrence T. Johnson, Sr., of the Estate of Kirk Johnson Lawrence T. Johnson, Sr., in His Own Right
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
DEBEVOISE, District Judge.
This is an appeal from the district court’s dismissal of the complaint of plaintiff/appellant New York Life Insurance Company (“New York Life”). Pursuant to 28 U.S.C. § 2201, New York Life had sought a judgment declaring that a $50,000 insurance policy it had issued on the life of Kirk Johnson, the deceased son of defendant/appellant Lawrence T. Johnson, Sr. (“Mr. Johnson”), was void ab initio because it had been induced by fraud.
At a hearing on cross-motions for summary judgment and at the trial before the district court it was undisputed that:…
2Cases cited12 opinions
- The Mutual Benefit Life Insurance Company v. Jmr Electronics Corp.Court of Appeals for the Second Circuit · 1988
- Shafer v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1963
- A.G. Allebach, Inc. v. HurleySupreme Court of Pennsylvania · 1988
- Hartman v. Keystone InsuranceSupreme Court of Pennsylvania · 1853
- Bernard Lotman and Charles Lotman v. Security Mutual Life Insurance Company of New YorkCourt of Appeals for the Third Circuit · 1973
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3Cited by33 opinions
- The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Kathleen Babayan v. The Northwestern Mutual Life Insurance Company Joseph M. Savino, General Agent Northwestern Mutual Financial Network A/K/A and D/B/A the Savino Financial Group Thomas Gallina Kathleen L. BabayanCourt of Appeals for the Third Circuit · 2005
- Sherry Gasaway v. Northwestern Mutual Life Insurance Company, an Oregon Corporation John Does 1-10 Doe Partnerships 1-10 Roe CorporationCourt of Appeals for the Ninth Circuit · 1994
- Alcoa v. Aetna Cas. & Sur. Co.Washington Supreme Court · 2000
- Aluminum Co. of America v. Aetna Casualty & Surety Co.Washington Supreme Court · 2000
- Jeffrey Justofin v. Metropolitan Life Insurance Co.Court of Appeals for the Third Circuit · 2004
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