TRANSPORTATION INSURANCE COMPANY v. DAVID

No. 6188.

324 F.2d 696 (1963)

TRANSPORTATION INSURANCE COMPANY, Defendant, Appellant, v. Solomon DAVID, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

December 3, 1963.


Attorney(s) appearing for the Case

Shane Devine, Manchester, N. H., with whom Devine, Millimet, McDonough, Stahl & Branch, Manchester, N. H., was on brief, for appellant.

Philip J. Ganem, Wolfeboro, N. H., with whom James J. Kalled, Wolfeboro, N. H., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

The defendant, an Illinois corporation, upon being sued in the New Hampshire Superior court on a policy of accident and health insurance issued to a local resident, removed the action to the district court, where a jury found against it. The only question on its appeal is whether the court should have directed a verdict in its favor on the ground that the policy was not in force at the time that the insured became ill.

The application...

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