Legal Opinion
New York Life Ins. Co. v. Bennion
Court of Appeals for the Tenth Circuit
Decided November 6, 1946No. 3308PublishedCited by 28 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
The New York Life Insurance Company issued its policy of insurance to Captain Mervyn S. Bennion, providing for double indemnity for accidental death, but specifically excluding from its coverage, death resulting from “war or any act incident thereto.” The policy is a Virginia contract, executed May 23, 1925. On account of the insured’s occupation as a naval officer, an extra premium, equal to the normal charge for double indemnity benefits, was included in the total premium.
When the Japanese attacked Pearl Harbor on the morning of December 7, 1941, Captain Bennion was in…
2Cases cited24 opinions
- Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
- Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
- The Brig Amy WarwickSupreme Court of the United States · 1862
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
19 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- La Jolla Casa deManana v. HopkinsCalifornia Court of Appeal · 1950
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Stinson v. New York Life Ins. Co.Court of Appeals for the D.C. Circuit · 1948
- Bergera v. Ideal National Life Insurance CompanyUtah Supreme Court · 1974
- Omer M. Harris v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 1956
23 more not listed; retrieve them via the Exa API.