NEW YORK LIFE INSURANCE COMPANY v. NOONAN

No. 13960.

215 F.2d 905 (1954)

NEW YORK LIFE INSURANCE COMPANY, a Corporation, Appellant, v. Laveda NOONAN, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 26, 1954.


Attorney(s) appearing for the Case

Davis, Jensen & Martin, Theodore B. Jensen, Donald W. McEwen, Portland, Or., for appellant.

Charles D. Dolph, Martin Schedler, Portland, Or., for appellee.

Before HEALY, POPE, and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

This is a suit on a policy of life insurance. The contract contained a clause barring recovery of the principal sum if death by suicide should occur within a year of the issuance of the policy. The insured became a suicide. The trial court, deeming the contract to be ambiguous as regards the date on which the year began to run, resolved the ambiguity in favor of the beneficiary (appellee here) and accordingly gave judgment for the latter. The...

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