Kell v. United States
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HUTCHESON, Chief Judge.
This is another of the many cases 1 brought to recover on National Life Insurance policies, in which, lacking direct proof of change of beneficiary as required by the statute 2 and regulations, 3 the claimant relies on circumstantial evidence in support of her claim. While the results in each of the cases have varied with the evidence offered in each and the effect given to that evidence by the trial judge, the governing principles applied in each have not varied. As laid down by us in Mitchell v. U. S., 5 Cir., 165 F.2d at page 760, these are:
“The cases are unanimous…
2Cases cited7 opinions
- Mitchell v. United StatesCourt of Appeals for the Fifth Circuit · 1948
- McKewen v. McKewenCourt of Appeals for the Fifth Circuit · 1948
- Gann v. MeekCourt of Appeals for the Fifth Circuit · 1948
- Butler v. ButlerCourt of Appeals for the Fifth Circuit · 1949
- Cohn v. CohnCourt of Appeals for the D.C. Circuit · 1948
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3Cited by15 opinions
- Robert C. Sears and Lavonne Stern v. Karen AustinCourt of Appeals for the Ninth Circuit · 1961
- Howard J. Benard v. United StatesCourt of Appeals for the Eighth Circuit · 1966
- Stone v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Connie Mae Ferguson v. Margie Louise KnightCourt of Appeals for the Fifth Circuit · 1959
- Smith v. Metropolitan Life Insurance CompanyDistrict Court, N.D. California · 1956
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