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HILSON v. SUN LIFE ASSUR. CO.

No. 10408.

132 F.2d 989 (1943)

HILSON v. SUN LIFE ASSUR. CO. OF CANADA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 12, 1943.

Attorney(s) appearing for the Case

Dewey Knight, of Miami, Fla., for appellant.

H. P. Osborne, of Jacksonville, Fla., and Thos. McE. Johnston, of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This is a suit on a life insurance policy in which the defenses are that the policy had lapsed for nonpayment of premium, and that a reinstatement after a former lapse was obtained by misrepresentation of the state of the insured's health. The case was disposed of in the district court by summary judgment for the defendant on the facts shown by the pleadings and affidavits as to the first stated defense. The facts are these: The policy date...

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