Legal Opinion
Union Central Life Ins. Co. v. Burger
District Court, S.D. New York
Decided March 14, 1939PublishedCited by 11 opinions
1Opinion of the Court
COXE, District Judge.
These are motions by the defendants (1) to dismiss the complaint for insufficiency, and (2) for an order granting a jury trial.
The suit is in equity to cancel and rescind a life insurance policy for false representations and false warranties, and on the further ground that the insured was not in good health when- the policy was delivered.
The complaint alleges that the policy was issued on Sept. 30, 1936, and contains a clause making it incontestable after two years from the date of issue; that the plaintiff has been advised that the insured died on March 10, 1938; and…
2Cases cited3 opinions
- American Life Insurance v. StewartSupreme Court of the United States · 1937
- American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
- Jefferson Standard Life Ins. v. KeetonCourt of Appeals for the Fourth Circuit · 1923
3Cited by11 opinions
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Beaunit Mills, Inc. v. Eday Fabric Sales CorporationCourt of Appeals for the Second Circuit · 1942
- United States Fidelity & Guaranty Co. v. JanichDistrict Court, S.D. California · 1943
- Folkner v. CollinsSupreme Court of Iowa · 1958
- Bendix Aviation Corporation v. GlassDistrict Court, E.D. Pennsylvania · 1948
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