Legal Opinion
Wilmington Trust Co. v. Manufacturers Life Insurance
Court of Appeals for the Eleventh Circuit
Decided January 3, 1985No. Nos. 82-6080, 83-5519PublishedCited by 1 opinion
1Opinion of the Court
ATKINS, District Judge:
Wilmington and another, (hereinafter Wilmington), as co-trustees, brought this action against Manufacturers to recover as beneficiaries the proceeds of a policy insuring the life of Joseph D. Winsor and attorneys’ fees under Fla.Stat. § 627.428. Manufacturers denied liability (except for premiums paid) because of (a) suicide by the insured within one year of the issuance of the policy and (b) a false answer by the insured as to his prior aviation activity. Manufacturers counterclaimed for rescission.1 The district court struck the claim for attorneys’ fees on the ground…
2Cases cited11 opinions
- United States v. Arthur BarrettCourt of Appeals for the First Circuit · 1976
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- United States v. William James Bibbs, Ivory Lee Wilson, and Roscoe WilsonCourt of Appeals for the Fifth Circuit · 1977
- United States v. James John LayCourt of Appeals for the Fifth Circuit · 1981
- American National Insurance Co. v. De CardenasDistrict Court of Appeal of Florida · 1965
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3Cited by1 opinion
- Wilmington Trust Company v. The Manufacturers Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985