COHEN v. METROPOLITAN LIFE INS. CO.

No. 8585.

144 F.2d 748 (1944)

COHEN v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

Decided September 22, 1944.


Attorney(s) appearing for the Case

Edmund J. Canzona, of Red Bank, N.J. (Parsons, Labrecque & Borden, of Red Bank, N.J., on the brief), for appellant.

Augustus C. Studer, Jr., of Newark, N. J. (McCarter, English & Egner, of Newark, N.J., on the brief), for appellee.

Before BRATTON and GOODRICH, Circuit Judges, and KIRKPATRICK, District Judge.


KIRKPATRICK, District Judge.

This is an appeal from a summary judgment for the defendant in an action for accidental death benefits, by the beneficiary in three contracts of life insurance. The only question involved is whether the plaintiff has complied with the conditions of the policy relating to the furnishing of due proof of the death of the insured by accidental means.

In passing upon the motion, the court had before it the pleadings, the plaintiff's...

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