Legal Opinion
Equitable Life Assur. Soc. v. First Nat. Bank of Birmingham
Court of Appeals for the Fifth Circuit
Decided July 12, 1940No. 9508PublishedCited by 13 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The suit was on a policy of life insurance issued, February 17, 1923, upon the life of one Russell as of age 58. It arose in this way. Upon the death of assured in 1937, it was for the first time discovered that when the policy was written, instead of being 58, as stated in his application and in the policy, assured was 67 years old. $30,917.50, the amount due under the Age Adjustment Clause1 of the policy was paid plaintiff, without prejudice to its right to claim and sue for $19,082.50, the difference between the amount admitted to be due and $50,000, the face of…
2Cases cited24 opinions
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
- Whitfield v. Aetna Life Ins. Co. of HartfordSupreme Court of the United States · 1907
- Scarborough v. American National InsuranceSupreme Court of North Carolina · 1916
- Scales v. Jefferson Standard Life Ins. Co.Tennessee Supreme Court · 1927
- Stean v. Occidental Life Ins.New Mexico Supreme Court · 1918
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- New York Life Insurance v. HollenderCalifornia Supreme Court · 1951
- Massachusetts Casualty Insurance Company, a Massachusetts Corporation v. Kenneth B. FormanCourt of Appeals for the Fifth Circuit · 1975
- New York Life Ins. Co. v. BennionCourt of Appeals for the Tenth Circuit · 1946
- Garrell v. Good Citizens Mut. Ben. Ass'nSupreme Court of Louisiana · 1943
- Prudential Ins. Co. Of America v. StricklandCourt of Appeals for the Sixth Circuit · 1951
8 more not listed; retrieve them via the Exa API.