Legal Opinion

Equitable Life Assurance Society of the United States v. James

Indiana Court of Appeals

Decided April 21, 1920No. 10,253PublishedCited by 11 opinions

From. Vanderburgh Circuit Court; Louis O. Rarch, Special Judge. Action by Mary E. James against the Equitable Life Society of the United States. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtRemy, P. J.

Action by appellee against appellant on a policy insuring the life of appellee’s husband. There-was a verdict and judgment for appellee. The only assigned error is the action of the court in overruling the motion for a new trial.

On the trial there was no direct evidence of the death of the insured, but evidence was submitted by appellee showing his disappearance more than seven years before the commencement of the action; that at the time of his disappearance insured was fifty-three years of age, was married and living with his wife and children for whom he had great affection; that he was at…

2Cases cited5 opinions

  1. Kennedy v. Modern Woodmen of AmericaIllinois Supreme Court · 1910
  2. Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
  3. Mutual Benefit Life Insurance v. MartinCourt of Appeals of Kentucky · 1900
  4. Policemen's Benevolent Ass'n v. RyceIllinois Supreme Court · 1904
  5. Lawlor v. State ex rel. ShattoIndiana Court of Appeals · 1912

3Cited by11 opinions

  1. Roberts v. Wabash Life InsuranceIndiana Court of Appeals · 1980
  2. Penn Mut. Life Ins. v. TiltonCourt of Appeals for the Tenth Circuit · 1936
  3. Rodskier v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1933
  4. Axen v. Missouri State Life InsuranceSupreme Court of Iowa · 1927
  5. Malone v. ReliaStar Life InsuranceCourt of Appeals for the Seventh Circuit · 2009

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