Legal Opinion

Kirkby v. Federal Life Ins. Co.

Court of Appeals for the Sixth Circuit

Decided October 11, 1929No. 5189PublishedCited by 11 opinions

1Opinion of the Court

HICKS, Circuit Judge.

On April 18, 1925, Harry A. Kirkby took an accident insurance policy with appellee. The material parts of the contract are found in the margin, 1 and are in the same relative type and position as they appear in the original.

During the life of the policy Kirkby met his death accidentally by asphyxiation, caused by inhaling carbon monoxide gas from the exhaust of his automobile while attempting to repair it. Mrs. Kirkby, the beneficiary, brought suit.

Appellee admitted that Kirkby’s death was accidental, but the defense was that it was not caused by any of the means or in…

2Cases cited9 opinions

  1. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  2. Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
  3. Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
  4. Standard Life & Accident Ins. v. McNultyCourt of Appeals for the Eighth Circuit · 1907
  5. Commonwealth Casualty Co. v. AichnerCourt of Appeals for the Eighth Circuit · 1927

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States Fidelity & Guaranty Co. v. BarberCourt of Appeals for the Sixth Circuit · 1934
  2. Shelton v. Equitable Life Assurance Society of United StatesAppellate Court of Illinois · 1961
  3. Burns v. Mutual Ben. Life Ins. Co. of NewarkDistrict Court, W.D. Michigan · 1948
  4. Young v. American Fidelity Ins. Co.Connecticut Appellate Court · 1984
  5. West Michigan Dock & Market Corp. v. St. Paul-Mercury Indemnity Co.District Court, W.D. Michigan · 1949

6 more not listed; retrieve them via the Exa API.

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