DIXON v. PACIFIC MUTUAL LIFE INSURANCE COMPANY

No. 212, Docket 25332.

268 F.2d 812 (1959)

George Graves DIXON, Plaintiff-Appellee, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 19, 1959.


Attorney(s) appearing for the Case

Leon Wasserman, New York City (Norman Meltzer, New York City, on the brief), for plaintiff-appellee.

Henry I. Fillman, New York City (Otto C. Sommerich, Katz & Sommerich, New York City, on the brief), for defendant-appellant.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.


MOORE, Circuit Judge.

Plaintiff, holder of a non-cancellable income policy of insurance against disability from injury or sickness resulting in loss of business time issued to him by defendant, brought an action in the City Court of the City of New York to recover monthly benefits under the policy alleging total disability by reason of illness to continue his occupation as a surgeon. Because of diversity of citizenship the case was removed to the federal court. Prior...

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