Legal Opinion · Dissent

Mutual Life Ins. Co. of New York v. Picard

Court of Appeals for the Fifth Circuit

Decided April 18, 1946No. 11487Published

1DissentSibley, Circuit Judge

The jury refused to award penalty and attorney’s fees, thereby finding there “were just and reasonable” grounds for not promptly making the disability payments in controversy. If they had been more accurately instructed by the judge they might easily have found that the payments are not owing. The evidence summarized in the opinion as supporting the verdict for this recovery is that most favorable to Picard. There was much evidence not so favorable. It was shown that after his breakdown in 1931 he resumed his business for the Standard Oil Company, and earned that year in commissions $4,302,…

2Cases cited5 opinions

  1. Crowe v. Equitable Life Assur. Soc.Supreme Court of Louisiana · 1934
  2. Strauss v. New York Life Ins. Co.Supreme Court of Louisiana · 1943
  3. Mutual Life Ins. v. DaigleCourt of Appeals for the Fifth Circuit · 1944
  4. Metropolitan Life Ins. v. PitcherCourt of Appeals for the Fifth Circuit · 1939
  5. Mutual Life Ins. v. DavisCourt of Appeals for the Fifth Circuit · 1944

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