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PROVIDENT LIFE & ACCIDENT INS. CO. v. HAWLEY

No. 4815.

123 F.2d 479 (1941)

PROVIDENT LIFE & ACCIDENT INS. CO. v. HAWLEY et al.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

John M. Robinson, of Charlotte, N. C. (Hunter M. Jones, of Charlotte, N. C., and John A. Chambliss, of Chattanooga, Tenn., on the brief), for appellant.

Howard B. Arbuckle, Jr., and Paul C. Whitlock, both of Charlotte, N. C. (Whitlock, Dockery & Shaw, of Charlotte, N. C., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This is a suit for the cancellation of two policies of life insurance, and the decision turns upon the weight to be given to certain material misrepresentations made by the insured in his application for the policies. The falsity and materiality of the statements of fact are admitted, but the suit is defended on the grounds that the insurer waived the misrepresentations and did not rely upon them when issuing the policies.

Two policies...

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