Legal Opinion
Kithcart v. Metropolitan Life Ins. Co.
Court of Appeals for the Eighth Circuit
Decided July 31, 1945No. 13008PublishedCited by 28 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
The action is one to reform and recover on an accident insurance policy. The trial court, on motion of the insurer, entered an order of dismissal, equivalently as a summary judgment, and the insured has appealed.
The insured had brought suit in 1931 on the policy as it stood, to recover benefits for disability alleged to be due to accident. The insurer removed the action to federal court and defended on the ground, among others, that the alleged disability was not one resulting from “bodily injuries * * * caused directly and independently of all other causes by violent…
2Cases cited17 opinions
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- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
- Gaines v. FuentesSupreme Court of the United States · 1876
- Elizabeth Arden Sales Corporation v. Gus Blass Co.Court of Appeals for the Eighth Circuit · 1945
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3Cited by28 opinions
- Dickens v. PuryearSupreme Court of North Carolina · 1981
- Southern Cross Overseas Agencies, Inc. v. Wah Kwong Shipping Group Ltd.Court of Appeals for the Third Circuit · 1999
- Suckow Borax Mines Consolidated, Inc. v. Borax Consolidated, LimitedCourt of Appeals for the Ninth Circuit · 1950
- Eddie CHAMBERS, Appellant, v. OMAHA PUBLIC SCHOOL DISTRICT Et Al., AppelleeCourt of Appeals for the Eighth Circuit · 1976
- Sam B. Herron, Sr. v. V. A. Herron, JrCourt of Appeals for the Fifth Circuit · 1958
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