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NEW YORK LIFE INS. CO. v. HALPERN

No. 2494.

47 F.2d 935 (1931)

NEW YORK LIFE INS. CO. v. HALPERN et al.

District Court, W. D. Pennsylvania.

March 11, 1931.

Attorney(s) appearing for the Case

William H. Eckert and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for plaintiff.

Charles H. Sachs and Sachs & Caplan, all of Pittsburgh, Pa., for defendants.

GIBSON, District Judge.

On January 25, 1929, the plaintiff issued a policy of insurance to Julius Halpern, wherein it agreed to pay him $100 per month in event of his total disability, and to pay to Lillian Halpern and Fidelity Trust Company, trustees, the sum of $10,000 in case of his death, with double indemnity in case death was accidental. On April 30, 1929, it issued another policy which differed from the first only in the amount of the yearly premium, and the...

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