TRAVELERS INSURANCE CO. v. CASTRO

No. 6412.

341 F.2d 882 (1965)

TRAVELERS INSURANCE CO., Defendant, Appellant, v. Henry CASTRO et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

February 24, 1965.


Attorney(s) appearing for the Case

Hector Gonzalez Blanes, San Juan, P. R., with whom F. Fernandez Cuyar, San Juan, P. R., was on brief, for appellant.

Joseph T. Wynne, San Juan, P. R., with whom Francisco Ponsa Feliu, San Juan, P. R., was on brief, for appellees.

Before ALDRICH, Chief Judge, MARIS, Circuit Judge, and FORD, District Judge.


ALDRICH, Chief Judge.

This is an action, tried without jury, to recover upon a life insurance policy following the death of the insured. The sole defense, which did not prevail in the district court, was that the policy had lapsed. The facts were undisputed. In October 1959 Henry Castro Anderson, hereinafter the insured, applied to appellant, Travelers Insurance Company, for a $10,000 life insurance policy on his life on the so-called cash settlement at age 60 plan...

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