Legal Opinion

Gilda M. Fisher v. American National Insurance Company

Court of Appeals for the Third Circuit

Decided February 13, 1957No. 11939PublishedCited by 5 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

Where a policy of life insurance provides that, if lapsed, “it may be reinstated * * * upon presenting to the Home Office evidence of insurability, including good health,” is this condition precedent to reinstatement met upon the mere mailing of an application for reinstatement to the agent of the insurer?

That is the issue presented by this appeal from the judgment of the District Court for the Eastern District of Pennsylvania in favor of the defendant. The stipulated facts are detailed in the opinion of the Court below. 1 They may be summarized as follows:

The…

2Cases cited10 opinions

  1. Aetna Casualty & Surety Co. v. De MaisonCourt of Appeals for the Third Circuit · 1954
  2. Prudential Insurance Co. of America v. Union Trust Co.Indiana Court of Appeals · 1914
  3. Continental Assur. Co. v. ConroyCourt of Appeals for the Third Circuit · 1954
  4. Fishman v. Eureka-Maryland Assurance Corp.Superior Court of Pennsylvania · 1935
  5. Hogan v. John Hancock Mut. Life Ins. CoCourt of Appeals for the Third Circuit · 1952

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3Cited by5 opinions

  1. West v. Lincoln Benefit Life Co.Court of Appeals for the Third Circuit · 2007
  2. Wanda Glezerman v. Columbian Mutual Life Insurance CompanyCourt of Appeals for the Third Circuit · 1991
  3. Glezerman v. Columbian Mutual Life InsuranceCourt of Appeals for the Third Circuit · 1991
  4. Beard v. Motorists Mutual Insurance, Pennsylvania Court of Common Pleas, Westmoreland County1978
  5. West v. Lincoln BenefitCourt of Appeals for the Third Circuit · 2007

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