Legal Opinion

Massachusetts Protective Ass'n v. Kittles

Court of Appeals for the Fifth Circuit

Decided October 31, 1924No. 4277PublishedCited by 11 opinions

1Opinion of the Court

WALKER, Circuit Judge.

Averments of the bill in equity filed in the court below in September, 1923, by the appellant, a Massachusetts corporation, against the appellee, a citizen of Georgia, showed the following:

On May 16, 1921, appellant issued its health and accident policy to the appellee, pursuant to an application made by the latter, the application providing that the policy issued thereon should be based upon questions and answers therein. The appellee, by his answers to questions in the application, represented that he never had an application for accident, health, or life insurance…

2Cases cited3 opinions

  1. Hartshorn v. DaySupreme Court of the United States · 1857
  2. Berryman v. Board of Trustees of Whitman CollegeSupreme Court of the United States · 1912
  3. Hogg v. MaxwellCourt of Appeals for the Second Circuit · 1914

3Cited by11 opinions

  1. Jensen v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
  2. MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. FortenberryCourt of Appeals for the Fifth Circuit · 1938
  3. Provident Mut. Life Ins. Co. of Philadelphia v. ParsonsCourt of Appeals for the Fourth Circuit · 1934
  4. Guardian Life Ins. Co. of America v. KortzCourt of Appeals for the Tenth Circuit · 1945
  5. Penn Mut. Life Ins. Co. v. JosephDistrict Court, D. Minnesota · 1934

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