LIBERTY NATIONAL LIFE INSURANCE CO. v. HAMILTON

No. 12709.

237 F.2d 235 (1956)

LIBERTY NATIONAL LIFE INSURANCE COMPANY, Inc., Appellant, v. Betty S. HAMILTON, Appellee.

United States Court of Appeals Sixth Circuit.

October 10, 1956.


Attorney(s) appearing for the Case

Wilbur W. Piper, Knoxville, Tenn. (Fowler, Rowntree & Fowler, Knoxville, Tenn., on the brief), for appellant.

Robert P. McClure, Knoxville, Tenn. (Erby L. Jenkins, Jenkins & Jenkins, Knoxville, Tenn., on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.


SIMONS, Chief Judge.

This appeal involves the question whether there is liability on the part of an insurance company to an applicant for insurance where a first premium has been paid, a so-called "binding receipt" therefor given, and a medical examination had, but before approval of the application the applicant dies. The application was made by James Alvis Hamilton and suit was begun by the appellee as beneficiary upon denial of liability. The case was tried to...

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