BRYANT v. STANDARD LIFE AND ACCIDENT INSURANCE COMPANY

No. 21038.

348 F.2d 649 (1965)

Gardie Nelson BRYANT, J. B. McCarley and Louise Cory, Appellants, v. STANDARD LIFE AND ACCIDENT INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

July 19, 1965.


Attorney(s) appearing for the Case

W. P. Sturdivant, Amarillo, Tex., Frank D. McCown, Dumas, Tex., Simpson, Adkins, Fullingim & Hankins, Amarillo, Tex., for appellants.

John A. Johnson, of Savage, Gibson, Benefield & Shelton, Oklahoma City, Okl., for appellee.

Before BROWN and WISDOM, Circuit Judges, and ESTES, District Judge.


JOHN R. BROWN, Circuit Judge.

The basic question is whether each of two life insurance policies in suit, when construed with the formal application, contained a good health provision. It is really without dispute that at the time of delivery of the policy, the Assured was not in good health. On the completion of all testimony, the Judge took the case from the jury and directed the entry of a judgment for the Insurer presumably on the ground that the policies required...

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