Mutual Benefit Health & Accident Ass'n v. Francis

GARDNER, Circuit Judge.

Appellant, Mutual Benefit Health and Accident Association, prosecutes this appeal from a judgment establishing its liability under an accident insurance policy.

By its policy, issued May 3, 1939, it insured appellee’s husband John Pritchard Francis, against loss of life, limb, sight or time resulting directly from accidental means and against loss of time resulting from disease contracted during the term of the policy. The policy was in effect at the time of assured’s death. Proofs of claim of accidental death were submitted to the company but it denied liability and…