PRUDENTIAL INSURANCE COMPANY OF AMERICA v. BURCH

No. 16126.

268 F.2d 159 (1959)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Appellant, v. William J. BURCH and Lorene A. Burch, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 20, 1959.


Attorney(s) appearing for the Case

Henry G. Eager, Kansas City, Mo. (Milton C. Clarke, and Blackmar, Swanson, Midgley, Jones and Eager, Kansas City, Mo., on the brief), for appellant.

Harry P. Thomson, Jr., Kansas City, Mo. (Don B. Roberson, and Shughart & Thomson, Kansas City, Mo., on the brief), for appellees.

Before SANBORN, VOGEL and VAN OOSTERHOUT, Circuit Judges.


VOGEL, Circuit Judge.

Lorene A. Burch and William J. Burch, plaintiffs, designated beneficiaries in a $10,000 decreasing term life insurance policy issued by the Prudential Insurance Company of America, defendant, to Mrs. Burch's son, William J. Fisher, as the insured, brought this action upon refusal of Prudential to make payment following the insured's death. The policy also contained a $5,000 face amount benefit which was admittedly paid without controversy as...

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