McCALLUM v. MUTUAL LIFE INSURANCE CO. OF NEW YORK

Civ. A. No. 2647.

175 F.Supp. 3 (1959)

Georgie W. McCALLUM, Plaintiff, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

July 31, 1959.


Attorney(s) appearing for the Case

Goldblatt & Lipkin, Paul M. Lipkin, Norfolk, Va., for plaintiff.

Willcox, Cooke, Savage & Lawrence, Wm. P. Dickson, Jr., Norfolk, Va., Christian, Barton, Parker & Boyd, A. C. Epps, Richmond, Va., for defendant.


WALTER E. HOFFMAN, District Judge.

Plaintiff, the beneficiary under three life insurance policies issued by defendant insuring the life of Claude S. McCallum, has instituted this action to recover under the double indemnity provisions of said contracts. The defendant has paid the principal death benefits, but declines to pay the double indemnity. Two of the contracts contain identical language; the third contract is worded differently.1

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