GORHAM v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N

No. 4647.

114 F.2d 97 (1940)

GORHAM v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N OF OMAHA.

Circuit Court of Appeals, Fourth Circuit.

August 22, 1940.


Attorney(s) appearing for the Case

J. C. B. Ehringhaus, of Raleigh, N. C. (W. H. Yarborough, of Louisburg, N. C., and Louis L. Davenport, of Nashville, N. C., on the brief), for appellant.

Francis E. Winslow, of Rocky Mount, N. C., and C. R. Wharton, of Greensboro, N. C. (Kemp D. Battle and Battle & Winslow, all of Rocky Mount, N. C., and Smith, Wharton & Hudgins, of Greensboro, N. C., on the brief), for appellee.

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


PARKER, Circuit Judge.

This is an appeal from a judgment for defendant on a directed verdict in a suit on a policy of accident insurance. Defendant defended on four grounds: (1) That the death of insured was not the result of accident but of suicide; (2) that the notice and proofs of death required by the policy were not furnished; (3) that there was breach of the autopsy clause; and (4) that the suit was not seasonably instituted. Issues covering these various matters...

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