Kearney v. Washington Nat. Ins.

(after stating the facts as above).

The plaintiff insured bases his right: to maintain this action upon the principle stated in the following quotation from Corpus Juris : “If the company wrongfully cancels a policy or repudiates it, insured or the beneficiary, as the case may be, may treat flic contract as broken and at once maintain an action at law to recover damages for the breach.” 32 C.J. 1264, § 464.

The cases of Viglas v. New York Life Ins. Co., 78 F.(2d) 829 (C.C.A. 1st) and Ætna Life Ins. Co. v. Geher, 50 F.(2d) 657 (C.C.A. 9th), both relied upon by plaintiff, permitted the insured to…