SCHONBERG v. NEW YORK LIFE INSURANCE COMPANY

No. 42183.

104 So.2d 171 (1958)

235 La. 461

Mrs. Katie GASKINS, Widow of Clarence E. SCHONBERG, Mrs. Frances Ruth Schonberg, Wife of William J. Stewart, and Irvin H. Schonberg v. NEW YORK LIFE INSURANCE COMPANY.

Supreme Court of Louisiana.

June 27, 1958.


Attorney(s) appearing for the Case

Azzo J. Plough, Moreau J. Jumonville, New Orleans, for plaintiffs-appellants.

Phelps, Dunbar, Marks, Claverie & Sims, Ashton Phelps, J. Walter Ward, New Orleans, for defendant-appellee.


TATE, Justice ad hoc.

Plaintiffs are the widow and children of Clarence E. Schonberg, to whom prior to his death defendant had issued two life insurance contracts. Plaintiffs, as beneficiaries under the policies, appeal from dismissal of their suit to recover double indemnity benefits thereunder in the total amount of $5,000 (defendant insurer having voluntarily paid the principal benefits).

The applicable policy provision pertinently states:

"The...

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