MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. KENNEDY

No. 10556.

140 F.2d 24 (1943)

MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. KENNEDY.

Circuit Court of Appeals, Fifth Circuit.

December 1, 1943.


Attorney(s) appearing for the Case

Erle Pettus and Al. G. Rives, of Birmingham, Ala., for appellant.

James W. Aird, Victor H. Smith, William S. Pritchard, and Thos. H. Fox, all of Birmingham, Ala., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

Appellant issued an accident policy to the husband of appellee. Insured accidentally drowned in Mobile Bay in the State of Alabama. His widow, the beneficiary, brought suit. The facts were stipulated. Both parties moved for summary judgment and the motion of the plaintiff was granted by the court below. Defendant appealed.

The policy contained the following pertinent provisions:

"Strict compliance on the part of the insured and...

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