BARCO v. PENN MUT. LIFE INS. CO. OF PHILADELPHIA

No. 9990.

126 F.2d 56 (1942)

BARCO v. PENN MUT. LIFE INS. CO. OF PHILADELPHIA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 23, 1942.


Attorney(s) appearing for the Case

O. D. Batchelor, David W. Dyer, and Henry K. Gibson, all of Miami, Fla., for appellants.

Crate D. Bowen and L. S. Julian, both of Miami, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This suit was filed in equity to compel the reinstatement of a life insurance policy and the payment of benefits accrued thereunder on the ground that the policy had been improperly and illegally cancelled due to a mutual mistake as to an existing fact. The court below held that the circumstances relied upon did not constitute a mutual mistake of fact, and judgment was entered for the insurer. The plaintiffs appealed.

These are the undisputed...

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