Legal Opinion

Shenandoah Life Insurance v. Hawes

District Court, E.D. North Carolina

Decided July 14, 1966No. Civ. No. 524PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

LARKINS, District Judge:

STATEMENT OF THE CASE

This cause is before the Court as a civil action in which the plaintiff seeks equitable relief in that it prays the Court avoid and cancel a life insurance contract. A motion to strike a defense has been previously considered by the Court and it was denied. See Shenandoah Life Ins. Co. v. Hawes, 37 F.R.D. 526, 9 FRServ2d 12f.26, Case 2 (1965).

The basis of the plaintiff’s action is its contention that the insured withheld medical information he had at his disposal when he completed the application for life insurance. Plaintiff…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  3. Simler v. ConnerSupreme Court of the United States · 1963
  4. Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
  5. Sims ex rel. Sims v. Charlotte Liberty Mutual InsuranceSupreme Court of North Carolina · 1962

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

3Cited by5 opinions

  1. Tedder v. Union Fidelity Life InsuranceDistrict Court, E.D. North Carolina · 1977
  2. 7827 Tennis Enterprises, Inc. v. Appalachian Spray Foam Solution, L.L.C., Cody Hunley, Chase Hunley, and Profoam CorporationDistrict Court, S.D. West Virginia · 2026
  3. Rock Spring Plaza II, LLC v. Investors Warranty of America, LLCDistrict Court, D. Maryland · 2024
  4. The Prudential Insurance Company of America v. Frances S. BardenCourt of Appeals for the Fourth Circuit · 1970
  5. The Prudential Insurance Company of America v. Frances S. BardenCourt of Appeals for the Fourth Circuit · 1970

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