Legal Opinion

Miccolis v. Mutual Ben. Health & Accident Ass'n

Court of Appeals for the Seventh Circuit

Decided October 28, 1940No. 7279PublishedCited by 1 opinion

1Opinion of the Court

EVANS, Circuit Judge.

The judgment from which this appeal was taken was entered upon a verdict for $5,000 in favor of the plaintiff, a beneficiary named in an insurance policy, issued to, and on her deceased husband’s life. This policy bore date, December 10, 1931. Insured died March 29, 1934.

The defense Is based on alleged material misrepresentations which were made in the insured’s application for the policy. An álleged tender and an attempted rescission also present a sharply-disputed factual controversy.-

The Indiana statute (Burns Ind.Stats. 1933, Sec. 39-801(3), as amended, Sec. 39-4206)…

2Cases cited7 opinions

  1. State v. WillettIndiana Supreme Court · 1908
  2. Miller v. Maryland Casualty Co.Court of Appeals for the Third Circuit · 1912
  3. Guardian Life Insurance Co. of America v. BarryIndiana Supreme Court · 1937
  4. Continental Casualty Co. v. AgeeCourt of Appeals for the Eighth Circuit · 1924
  5. Nat'l. Col. Aid Soc. v. State Ex. Rel. Wilson, Pros.Indiana Supreme Court · 1935

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

3Cited by1 opinion

  1. The Manufacturers Life Insurance Company v. Capitol Datsun, Inc.Court of Appeals for the D.C. Circuit · 1977

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