FISHER v. UNITED STATES LIFE INS. CO. IN CITY OF N. Y.

No. 8462.

145 F.Supp. 646 (1956)

Lelia Grace FISHER v. The UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, a body corporate.

United States District Court D. Maryland, Civil Division.

November 2, 1956.


Attorney(s) appearing for the Case

W. Giles Parker and Wylie L. Ritchey, Baltimore, Md., for plaintiff.

William B. Kempton, Barton, Wilmer, Bramble & Addison, and Robert E. Coughlan, Jr., Baltimore, Md., for defendant.


THOMSEN, Chief Judge.

Plaintiff's motion for judgment n. o. v. raises the question whether the incontestable clause in a group life insurance policy prevents the insurer from successfully defending a death claim on the ground that plaintiff's decedent, Herman H. Fisher, President of Herman H. Fisher, Inc., a contributing employer, was not an employee eligible to be insured under the terms of the policy.

A jury has found that Herman H. Fisher was not an eligible...

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