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PRUDENTIAL INSURANCE COMPANY OF AMERICA v. CLAUSON

No. 5872.

296 F.2d 76 (1961)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant, Appellant, v. M. Elizabeth CLAUSON, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided November 21, 1961.

Attorney(s) appearing for the Case

James D. St. Clair, Boston, Mass., with whom Earle C. Cooley and Hale & Dorr, Boston, Mass., were on brief, for appellant.

Julian L. Yesley, Boston, Mass., with whom Peabody, Koufman & Brewer, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

Effective July 1, 1957, Chrysler Motor Corporation contracted with defendant-appellant for a policy of group term life insurance upon the lives of its dealers. The plan was contributory and required election to participate. The amount of each dealer's insurance was to depend upon the classification in which from time to time he fell, which, in turn, was to be determined by a point formula based upon his volume of business. The dealer's annual...

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