United States v. Helen M. Kiefer
Court of Appeals for the D.C. Circuit
1Opinion of the Court
BAZELON, Circuit Judge.
Appellee sued, as sole beneficiary, for benefits under her deceased brother’s National Service Life Insurance policy. The District Court rejected the Government’s affirmative defense of fraud and entered summary judgment for appellee. 1 The Government appeals.
The essential elements of fraud are “(1) a false representation (2) in reference to a material fact (3) made with knowledge of its falsity (4) and with intent to deceive (5) with action taken in reliance upon the representation.” 2 These elements, the Government asserts, are established by the fact that the…
2Cases cited10 opinions
- Pence v. United StatesSupreme Court of the United States · 1942
- State v. JohnstonTennessee Supreme Court · 1847
- David Farrell and Oliver J. Farrell v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- United States v. CooperCourt of Appeals for the Sixth Circuit · 1953
- McDaniel v. United StatesCourt of Appeals for the Fifth Circuit · 1952
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3Cited by26 opinions
- Bennett v. KigginsDistrict of Columbia Court of Appeals · 1977
- Eldon C. Hart v. John L. McLucas Administrator, Federal Aviation Administration, and National Transportation Safety BoardCourt of Appeals for the Ninth Circuit · 1976
- Remeikis v. Boss & Phelps, Inc.District of Columbia Court of Appeals · 1980
- Fansteel Metallurgical Corporation v. United StatesUnited States Court of Claims · 1959
- Sankin v. 5410 Connecticut Avenue CorporationDistrict Court, District of Columbia · 1968
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