BERLIN v. PHŒNIX MUT. LIFE INS. CO.

No. 3541.

112 F.2d 938 (1940)

BERLIN v. PHŒNIX MUT. LIFE INS. CO. OF HARTFORD, CONN.

Circuit Court of Appeals, First Circuit.

June 24, 1940.


Attorney(s) appearing for the Case

Brenton K. Fisk, of Boston, Mass. (Andrew J. Aldridge, of Boston, Mass., on the brief), for appellant.

Walter I. Badger, Jr., of Boston, Mass. (Badger, Pratt, Doyle & Badger, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and McLELLAN, District Judge.


PER CURIAM.

This is an appeal by the plaintiff from a final decree dismissing the bill of complaint. The suit is for a declaratory judgment for the determination of the plaintiff's right to double indemnity benefits for accidental death under four life policies. The conditions appearing in the policies upon which double indemnity was payable include the following:

"20. Provision for Accidental Death Benefit.

"(a) The additional sum payable in the event...

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