ISOARD v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 7814.

22 F.2d 956 (1927)

ISOARD v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1927.


Attorney(s) appearing for the Case

James A. Howell, of Ogden, Utah (Joseph E. Evans, James H. De Vine, David L. Stine and Alfred W. Agee, all of Ogden, Utah, and Thomas D. Jones, of Pocatello, Idaho, on the brief), for plaintiff in error.

W. Q. Van Cott, of Salt Lake City, Utah (Frederick L. Allen, of New York City, and Waldemar Van Cott, P. T. Farnsworth and B. R. Howell, all of Salt Lake City, Utah, on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.


POLLOCK, District Judge.

This action was brought by plaintiff in error, plaintiff below, to recover double the amount of indemnity named in a policy of insurance issued to one Ludovic Isoard, the husband of plaintiff, for $10,000. The provision of the policy under which plaintiff claims a right of recovery reads, as follows:

"Or, if there further be received at said home office due proof that such death resulted directly from bodily injury, received after...

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