KANSAS CITY LIFE INS. CO. v. WELLS

Nos. 12437, 12438.

133 F.2d 224 (1943)

KANSAS CITY LIFE INS. CO. v. WELLS. WELLS v. KANSAS CITY LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

February 10, 1943.


Attorney(s) appearing for the Case

Howard G. Fuller and Fuller & Powers, all of Fargo, N. D. (R. B. Lucas and Joseph R. Stewart, both of Kansas City, Mo., on the brief), for Kansas City Life Ins. Co.

E. T. Conmy and Conmy & Conmy, all of Fargo, N. D., for Florence Wells.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

The appellee, as beneficiary, brought this suit to recover on the double indemnity provision of a life insurance policy issued by the defendant on the life of Ned Wells who was instantly killed near Moorhead, Minnesota, on October 30, 1941, in the crash of a common carrier airplane in which he was riding as a paid passenger. The defendant paid the face of the policy but refused to pay the double indemnity, and this suit resulted. The case was...

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