KANSAS CITY LIFE INSURANCE COMPANY v. MOULDEN

No. 5248.

232 F.2d 706 (1956)

KANSAS CITY LIFE INSURANCE COMPANY, Appellant, v. Lillian Smith MOULDEN, formerly Lillian M. Smith, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 7, 1956.


Attorney(s) appearing for the Case

Thomas Smart, Denver, Colo., for appellant.

Paul A. Hentzell, Denver, Colo. (Don Lorenz, Denver, Colo., on the brief), for appellee.

Before MURRAH and PICKETT, Circuit Judges, and HILL, District Judge.


PER CURIAM.

This is an appeal from a summary judgment holding appellant liable on its insurance policy issued on the life of Norman N. Smith, with his wife, appellee, as beneficiary. The question is whether the policy was in force on the death of the insured, December 11, 1949, and the answer turns on whether the policy became effective on October 27, 1948, the date of its approval and issuance in the home office, or November 11, 1948, when it was delivered to the...

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