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

No. 4470.

199 F.2d 874 (1952)

STIRK et al. v. MUTUAL LIFE INS. CO. OF NEW YORK.

United States Court of Appeals Tenth Circuit.

October 22, 1952.


Attorney(s) appearing for the Case

Derrah B. Van Dyke and Lewis J. Wallace, Ogden, Utah, for appellant.

Dennis McCarthy, Salt Lake City, Utah (W. Q. Van Cott, Clifford L. Ashton, Salt Lake City, Utah, and Haughton Bell, New York City, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal by the beneficiary of five insurance policies from a judgment in favor of the defendant insurance company in an action on the double indemnity feature of each of said policies.

The face of each of the policies provided for double indemnity "upon receipt of due proof that such death resulted from bodily injury effected solely through external, violent, and accidental means, all upon the conditions set forth in Section...

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