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PROVIDENT LIFE & ACCIDENT INS. CO. v. BERTMAN

No. 9965.

151 F.2d 1001 (1945)

PROVIDENT LIFE & ACCIDENT INS. CO. v. BERTMAN.

Circuit Court of Appeals, Sixth Circuit.

December 3, 1945.

Attorney(s) appearing for the Case

Thos. V. Koykka, of Cleveland, Ohio (Thos. V. Koykka, Smith Warder, and McKeehan, Merrick, Arter & Stewart, all of Cleveland, Ohio, on the brief), for appellant.

Edward I. Siegel, of Cleveland, Ohio (Siegel & Siegel, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and MARTIN, Circuit Judges, and RAYMOND, District Judge.

HICKS, Circuit Judge.

Appellee, Bertman, brought suit against appellant, Provident Life and Accident Insurance Company (herein called Provident), to set aside a purported settlement of a claim under an insurance policy issued by Provident, and to recover a balance alleged to be lawfully due him for accidental injuries. In the course of the trial the jury was waived by consent and the action was tried by the court.

The court filed findings of fact and conclusions...

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