Legal Opinion
New York Life Ins. v. Prejean
Court of Appeals for the Fifth Circuit
Decided May 4, 1945No. 11123PublishedCited by 4 opinions
1Opinion of the Court
WALLER, Circuit Judge.
Appellee as plaintiff, alleging death by accidental means, sued the Insurance Company on a policy of insurance on the life of her husband which provided for the payment of the sum of $5,000 upon his death from natural causes, and for double that amount in the event of his death by accidental means. The defendant admitted: That the policy was in force; that the insured was dead; but denied death by accident and on the contrary alleged death by suicide. On the issues thus presented the plaintiff (appellee) had the burden to prove, under the double indemnity provision of…
2Cases cited5 opinions
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Faulk v. Mutual Life Ins. Co.Supreme Court of Louisiana · 1926
- Mutual Life Ins. Co. of New York v. ZimmermanCourt of Appeals for the Fifth Circuit · 1935
- Equitable Life Assur. Soc. of United States v. First Nat. Bank of Union SpringsCourt of Appeals for the Fifth Circuit · 1930
3Cited by4 opinions
- Morgan v. United StatesCourt of Appeals for the Tenth Circuit · 1947
- Louise K. Schleunes v. American Casualty Company of Reading, Pa.Court of Appeals for the Fifth Circuit · 1976
- The National Life and Accident Insurance Company v. Theresa H. GrahamCourt of Appeals for the Eighth Circuit · 1962
- Gianfranco Arena v. RiverSource Life Insurance CoCourt of Appeals for the Third Circuit · 2019