Legal Opinion
MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. Fortenberry
Court of Appeals for the Fifth Circuit
Decided August 23, 1938No. 8512PublishedCited by 22 opinions
1Opinion of the Court
FOSTER, Circuit Judge.
Appellant brought this suit to rescind and cancel a policy of life, accident and health insurance, issued to Adolphus N. Fortenberry, in which his wife was named as beneficiary. Appellees moved to dismiss the suit on the grounds that the amount in controversy does not exceed $3000, exclusive of interest and costs and the bill is without equity. The District Court sustained the motion and dismissed the suit without written opinion. The appeal is from that judgment.
The suit was filed April 1, 1937. The bill alleges diversity of citizenship, which is not disputed, and shows…
2Cases cited6 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1913
- Brotherhood of Locomotive Firemen & Enginemen v. PinkstonSupreme Court of the United States · 1934
- Wright v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fifth Circuit · 1927
- New York Life Ins. Co. v. SwiftCourt of Appeals for the Fifth Circuit · 1930
- Jensen v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fastcase, Inc. v. Lawriter, LLCCourt of Appeals for the Eleventh Circuit · 2018
- Ballard v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fifth Circuit · 1940
- Commercial Casualty Ins. Co. v. FowlesCourt of Appeals for the Ninth Circuit · 1946
- E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
- Guardian Life Ins. Co. of America v. KortzCourt of Appeals for the Tenth Circuit · 1945
17 more not listed; retrieve them via the Exa API.