LYON v. METROPOLITAN LIFE INS. CO.

No. 6742.

101 F.2d 658 (1939)

LYON v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

February 2, 1939.


Attorney(s) appearing for the Case

Nathaniel Rubinkam and William S. Allen, both of Chicago, Ill., for appellant.

Emmet J. Cleary, of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and TREANOR, Circuit Judges.


This appeal is from a judgment entered in an action on a $5,000 double indemnity life insurance policy. The insured was killed in an automobile accident. Plaintiff, his mother, was the beneficiary. She brought this action. Defendant denied liability because the policy had lapsed for non-payment of premium and because of non-performance of conditions precedent, the failure to furnish proof of loss and surrender of the policy. The case was submitted to a jury; upon its favorable...

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