Legal Opinion

Green v. Mutual Ben. Life Ins. Co.

Court of Appeals for the First Circuit

Decided July 6, 1944No. 4001PublishedCited by 28 opinions

1Opinion of the Court

MAGRUDER, Circuit Judge.

This complaint by the beneficiary of an insurance policy was met by the defense that the insured’s death was brought about by the operation of an excepted risk, and that liability was therefore limited to the amount of the reserve. The plaintiff claimed a jury trial. Subsequently, however, the parties filed a stipulation of facts, and each party moved for summary judgment. On December 17, 1943, the District Court entered judgment for the plaintiff in the sum of $207.15, the amount of the reserve. The plaintiff has appealed from this judgment, contending that the…

2Cases cited5 opinions

  1. Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
  2. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  3. Head v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1930
  4. Bull v. Sun Life Assur. Co.Court of Appeals for the Seventh Circuit · 1944
  5. Neel v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1942

3Cited by28 opinions

  1. King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
  2. Goforth v. Franklin Life InsuranceSupreme Court of Kansas · 1969
  3. Knouse v. Equitable Life InsuranceSupreme Court of Kansas · 1947
  4. Order of United Commercial Travelers v. KingCourt of Appeals for the Fourth Circuit · 1947
  5. Wilmington Trust Co. v. Mutual Life Ins.Court of Appeals for the Third Circuit · 1949

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