HENDERSON v. NATIONAL FIDELITY LIFE INSURANCE CO.

No. 5802.

257 F.2d 917 (1958)

James B. HENDERSON, Appellant, v. NATIONAL FIDELITY LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

July 9, 1958.


Attorney(s) appearing for the Case

Ellis M. Brown and Lonnie W. Brown, McAlester, Okl. (Preslie H. Brown, McAlester, Okl., was with them on the brief), for appellant.

Harry D. Moreland, Tulsa, Okl. (Doerner, Rinehart & Stewart, Tulsa, Okl., Morrison, Hecker, Buck, Cozard & Rogers, Kansas City, Mo., were with him on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.


MURRAH, Circuit Judge.

This diversity suit was brought by appellant, Henderson, against appellee Insurance Company, alleging the breach and repudiation of its health and accident policy, by the terms of which it agreed to pay appellant insured stated sums at stated intervals, while the insured was totally and continuously disabled.

It was alleged that under the bilateral obligations of the policy, the insured was required, after disability, to continue paying...

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