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

SANBORN, Circuit Judge.

The questions for decision are (1) whether a policy of health and accident insurance, issued by the appellee to Thurman Taylor on May 1, 1940, in which his wife, the appellant, was named as beneficiary, was in force on December 22, 1940, at the time the insured died from injuries received in an automobile accident; and (2) whether, if the policy was not in force at that time, the insurer is, nevertheless, liable to the appellant because it is estopped to deny liability or has waived the right to assert its nonliability. The controlling law is that of Arkansas.

This…