EUREKA-MARYLAND ASSUR. CO. v. GRAY

No. 7643.

121 F.2d 104 (1941)

EUREKA-MARYLAND ASSUR. CO. v. GRAY.

United States Court of Appeals for the District of Columbia.

Decided June 16, 1941.


Attorney(s) appearing for the Case

W. Gwynn Gardiner and James M. Earnest, both of Washington, D. C., for appellant.

Richard R. Atkinson and Thurman L. Dodson, both of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.


GRONER, C. J.

This is a suit on an industrial life insurance policy. The important clause is as follows:

"No obligation is assumed by the Company prior to the date hereof, nor if within two years preceding such date the Insured has been a patient at, or an inmate of, any institution for the treatment of physical or mental disease, or has undergone any surgical operation, or has been attended by a physician, unless it shall be shown by the Insured or any claimant...

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