John Hancock Mutual Life Insurance Company v. Wanda A. Welsh

CAMERON, Circuit Judge.

In our opinion in this case, we stated [267 F.2d 152]:

“It is agreed, as shown above, that the insured was not actively at *871work on June 1st, but that he had entered the hospital May 18th and remained there until his death June 17, 1957”.

The parties now agree that the only question submitted to the court below was the effective date of the amendment to the insurance policy, and that the question of whether decedent was actively at work at the time the amendment became effective was not submitted to the court below. The petition for rehearing is, therefore, granted to the…