METROPOLITAN LIFE INSURANCE COMPANY v. WOOD

No. 17561.

302 F.2d 802 (1962)

METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. Constance C. WOOD, Appellee.

United States Court of Appeals Ninth Circuit.

May 4, 1962.


Attorney(s) appearing for the Case

Knight, Boland & Riordan, Burton L. Walsh, Richard J. Kilmartin, San Francisco, Cal., Adams, Duque & Hazeltine, Henry Duque, James C. Powers, Los Angeles, Cal., for appellant.

Moerdyke, Anderson, Evans & Rhodes, N. Perry Moerdyke, Jr., Palo Alto, Cal., John F. Porter, Palo Alto, Cal., for appellee.

Before ORR, HAMLEY, and BROWNING, Circuit Judges.


PER CURIAM.

On January 12, 1959, appellee's husband delivered an application for a policy of life insurance and a check for the first premium to an agent of the appellant insurance company. On January 17, 1959, he was examined by appellant's physician; later that day he died. Appellant thereafter rejected the application and offered to return the premium payment. Appellee sued to recover as beneficiary under the policy. "The issue in this appeal," as appellant states...

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