COLUMBIAN NAT. LIFE INS. CO. v. WALLERSTEIN

No. 5993.

91 F.2d 351 (1937)

COLUMBIAN NAT. LIFE INS. CO. v. WALLERSTEIN.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 2, 1937.


Attorney(s) appearing for the Case

Fred B. Shoaff, of Fort Wayne, Ind., and Frederick H. Nash, of Boston, Mass., for appellant.

Floyd O. Jellison, of South Bend, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This appeal presents the question of the right of an insurer, obligated under three policies to pay to its insured benefits arising by reason of the total disability of the latter, and in case of his death, a certain sum to his beneficiaries, to bring an action in tort to recover for the fraud which induced the issuance of the policies to the insured. A demurrer to the declaration was sustained, hence no question of fact is presented by the...

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