MUTUAL LIFE INS. CO. v. PICARD

No. 11487.

155 F.2d 105 (1946)

MUTUAL LIFE INS. CO. OF NEW YORK v. PICARD. PICARD v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 1946.


Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., for Mutual Life Ins. Co. of New York.

Walter Lemann, of Donaldsonville, La., and Walter Suthon, Jr., J. Blanc Monroe, and Monte M. Lemann, all of New Orleans, La., for Picard.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

The Mutual Life Insurance Company sued Henry M. Picard and others to determine its liability on certain policies of insurance providing for payment of disability benefits.

The Insurance Company first sought to recover disability insurance which it had paid to Picard from the year 1936. This part of the suit was dismissed with prejudice. The only questions remaining and which are here for decision are the liability of the Insurance Company...

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