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WASHINGTON NATIONAL INSURANCE COMPANY v. BURCH

No. 17566.

270 F.2d 300 (1959)

WASHINGTON NATIONAL INSURANCE COMPANY, Appellant, v. J. D. BURCH, Appellee.

United States Court of Appeals Fifth Circuit.

September 15, 1959.

Attorney(s) appearing for the Case

J. Lundie Smith (of Copeland & Smith), Valdosta, Ga., for appellant.

David Dudley Smith, Will Ed Smith, Smith & Harrington, Eastman, Ga., for appellee.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

The determinent question upon which decision of this appeal rests is this: Where suit is brought by a beneficiary named in a certificate issued under a group insurance policy against the insurer which executed the master policy, is the insurer prevented by the incontestable clause of the master policy from defending upon the ground that the insured was not eligible for insurance under the terms of the master policy; or, if he was so eligible...

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