JAMES v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 9446.

312 P.2d 125 (1957)

Herbert H. JAMES, Plaintiff and Appellant, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey Corporation and The Anaconda Copper Mining Company, Defendants and Respondents.

Supreme Court of Montana.

Decided May 22, 1957.

Rehearing Denied June 28, 1957.


Attorney(s) appearing for the Case

William N. Geagan, Butte, for appellant.

Corette, Smith & Dean, Butte, Kendrick Smith Butte, argued orally, for Prudential Ins. Co.

James T. Finlen, Mr. William M. Kirkpatrick, Robert G. Dwyer and Mr. William J. Kelly, Butte, for Anaconda Copper Min. Co.


CASTLES Justice.

This is an appeal by plaintiff from a judgment for defendants entered on an order sustaining separate general demurrers to plaintiff's complaint, plaintiff then electing to plead no further.

Plaintiff seeks recovery of a death benefit payable under a group life insurance contract, issued effective April 17, 1951, by defendant, Prudential Insurance Company of America, upon an employee of defendant, Anaconda Copper Mining Company, evidenced...

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