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SADLER v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 380.

40 F.Supp. 772 (1941)

SADLER et al. v. GUARDIAN LIFE INS. CO. OF AMERICA.

District Court, S. D. Florida.

September 12, 1941.

Attorney(s) appearing for the Case

Fisher & Sauls, of St. Petersburg, Fla., for plaintiff.

Shackleford, Farrior & Shannon, of Tampa, Fla., for defendant.

BARKER, District Judge.

The plaintiff, Lena Harwell Sadler, instituted action in the state court seeking to effect recovery of double indemnity benefits under the following provision of a life insurance policy issued to her then husband, Samuel J. Murphy:

"The Double Indemnity specified on the first page hereof shall be payable if with the proof of the death of the Insured the Company shall receive due proof that such death occurred while there was no default...

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