Legal Opinion

Driggers v. Business Men's Assur. Co. Of America

Court of Appeals for the Fifth Circuit

Decided November 22, 1952No. 13954PublishedCited by 3 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

Claiming an anticipatory breach of his policy, plaintiff below, appellant here, brought this suit to recover the present value of a health and accident policy together with penalties and attorneys’ fees.

The claim in substance was: that, on or about March 7, 1948, while the policy was still in force and effect, plaintiff received an injury which rendered him totally and continuously disabled within the meaning of the policy; that thereafter instead of paying him the amount then due under the policy terms, defendant repudiated its obligations to the plaintiff by returning…

2Cases cited7 opinions

  1. Mobley v. New York Life InsuranceSupreme Court of the United States · 1935
  2. Universal Life & Accident Insurance v. SandersTexas Supreme Court · 1937
  3. Sanders v. Aetna Life InsuranceTexas Supreme Court · 1947
  4. Gulf Ins. Co. v. RiddleCourt of Appeals of Texas · 1947
  5. Bank Sav. Life Ins. Co. v. MilanCourt of Appeals of Texas · 1933

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lumbermens Mutual Casualty Company v. Dr. Harry Leslie KlotzCourt of Appeals for the Fifth Circuit · 1958
  2. Hubert Wesley Driggers v. Business Men's Assurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1955
  3. Hubert Wesley Driggers v. Business Men's Assurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1955

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