Legal Opinion · Dissent
Life & Casualty Insurance Company of Tennessee v. Margaret W. Gurley
Court of Appeals for the Fourth Circuit
Decided January 5, 1956No. 7094_1Published
1DissentR. Dorsey Watkins, District Judge
As I am deeply concerned with the effects of the majority opinion as a precedent, I feel constrained to dissent, and to state briefly my reasons. So far as possible, I will avoid any restatement of facts.
The policy in suit contained the following provisions, among others:
“Premiums. This policy shall not take effect until the first premium shall have been paid in cash and the contract delivered and accepted during the lifetime of the Insured « * * »
“Entire Contract * * * Only the President, a Vice-President, Secretary, and Assistant Secretary, Actuary or Treasurer has power on behalf of the…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Grier v. Mutual Life Insurance Co. of New YorkSupreme Court of North Carolina · 1903
- Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
- Whitley v. Peidmont & Arlington Life InsuranceSupreme Court of North Carolina · 1874
- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
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