DECKER v. NEW YORK LIFE INSURANCE COMPANY

No. 20649.

328 F.2d 650 (1964)

Irene DECKER, as beneficiary and as surviving spouse of Richard Markus Decker, deceased, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1964.


Attorney(s) appearing for the Case

Dan A. Hames, Harold L. Greene, and Taylor, Brion & Rollins, Miami, Fla., for appellant.

Cotton Howell and Shutts, Bowen, Simmons, Prevatt & Boureau, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and JONES, Circuit Judges.


JONES, Circuit Judge.

The appellant's husband, Richard Markus Decker, procured insurance on his life from the appellee, New York Life Insurance Company, payable to his wife, Irene Decker, the appellant, in the face amount of $10,000, under a policy or contract which provided, among other things, that the appellee would pay double the face of the policy "upon receipt of due proof that the death of the insured resulted directly and independently of all other causes...

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