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OCCIDENTAL LIFE INS. CO. v. LAME ELK WHITE HORSE

Nos. 914, 915.

74 A.2d 435 (1950)

OCCIDENTAL LIFE INS. CO. OF CALIFORNIA v. LAME ELK WHITE HORSE. LAME ELK WHITE HORSE v. OCCIDENTAL LIFE INS. CO. OF CALIFORNIA.

Municipal Court of Appeals for the District of Columbia.

Decided June 28, 1950.

Attorney(s) appearing for the Case

Louis M. Denit, Washington, D. C., Thomas S. Jackson, A. Leckie Cox and P. Baxter Davis, all of Washington, D. C., on the brief, for Occidental Life Ins. Co. of Cal.

Robert H. McNeill, Washington, D. C., T. Bruce Fuller, Washington, D. C., on the brief, for Lame Elk White Horse.

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges.

HOOD, Associate Judge.

Lame Elk White Horse, hereafter called plaintiff, on May 17, 1946, was issued a health and accident policy by Occidental Life Insurance Company, hereafter called the company, through its agent Rodgers at El Monte, California, in which state plaintiff was then living. The policy lapsed on September 1, 1946. On March 10, 1947, plaintiff, then staying at the home of his mother-in-law in Kings Mountain, North Carolina, wrote to the company inquiring...

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