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EQUITABLE LIFE ASSUR. SOC. v. DEEM

No. 4185.

91 F.2d 569 (1937)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. DEEM.

Circuit Court of Appeals, Fourth Circuit.

August 6, 1937.

Attorney(s) appearing for the Case

Robert G. Kelly, of Charleston, W. Va. (Brown, Jackson & Knight, of Charleston, W. Va., on the brief), for appellant.

S. A. Powell, of Harrisville, W. Va., for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

The proper interpretation of an excepting phrase in the incontestable clause of a life insurance policy is the matter for decision in this case. In addition to the promise of the insurer to pay $10,000.00 to the insured's beneficiary on his death, the policy, issued April 9, 1929, contained provisions for the payment of double indemnity in the event of the death of the insured from accident, and also for the payment of benefits of ...

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