Legal Opinion

Milam v. Equitable Life Assurance Society of the United States

West Virginia Supreme Court

Decided February 11, 1936No. 8266PublishedCited by 6 opinions

1Opinion of the Court

Woods, Judge:

Plaintiff recovered a judgment under the terms of a certain group life insurance certificate, issued to him in 1919 at the instance and expense of Charleston Interurban Kailroad Company, his then employer, on the theory that he had, during the period the certificate was in full force and effect, become totally and permanently disabled within the meaning of the provisions of said certificate. The insurer prosecutes error.

The provision, under which recovery was had, was added to the certificate in 1921. It reads: “If proof shall be furnished the society that any employee insured…

2Cases cited5 opinions

  1. Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
  2. Iannarelli v. Kansas City Life InsuranceWest Virginia Supreme Court · 1933
  3. Warner v. Modern Woodmen of AmericaWashington Supreme Court · 1923
  4. Metropolitan Life Insurance v. FrankelIndiana Court of Appeals · 1913
  5. Brown v. ThomasSupreme Court of Virginia · 1917

3Cited by6 opinions

  1. Ercole v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1944
  2. Fisher v. Mutual of Omaha Insurance Co.Tennessee Supreme Court · 1973
  3. Travelers Indemnity Co. v. U.S. Silica Co.West Virginia Supreme Court · 2015
  4. Hanford v. Metropolitan Life Insurance Co.West Virginia Supreme Court · 1948
  5. Metropolitan Life Insurance v. JohnsonIndiana Supreme Court · 1938

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