OCCIDENTAL LIFE INSURANCE COMPANY OF CAL. v. NICHOLS

No. 14966.

216 F.2d 839 (1954)

OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, a corporation, Appellant, v. Fred W. NICHOLS, Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 1954.


Attorney(s) appearing for the Case

Frank M. Young, Birmingham, Ala., Spain, Gillon & Young, Birmingham, Ala., of counsel, for appellant.

Morris K. Sirote and E. M. Friend, Jr., Birmingham, Ala., for appellee.

Before BORAH, RIVES and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

The appellant, Occidental Life Insurance Company of California issued on November 14, 1951, a life insurance policy to appellee, Fred W. Nichols, in the amount of $35,000. The policy incorporated by reference a supplemental agreement providing for waiver of premiums and disability payments to the appellee in the event of his permanent total disability as a result of injury or disease. The policy named appellee's wife as beneficiary for the death...

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