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WOODS v. NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY

No. 16057.

380 F.2d 843 (1967)

Odessa WOODS v. The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, a Tennessee Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Richard C. Witt, Pittsburgh, Pa. (Thomas Lewis Jones, White, Jones & Gregg, Pittsburgh, Pa., on the brief), for appellant.

Byrd B. Brown, Pittsburgh, Pa. (Utterback, Brown & Harper, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, HASTIE, and FORMAN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is the second appeal in an action by Odessa Woods, beneficiary of an insurance policy issued on the life of her late husband, Emmett F. Woods, to recover the proceeds thereof from the insurer, National Life and Accident Insurance Company. The issue is whether Mr. Woods knowingly gave materially false answers in his application for insurance, which under Pennsylvania law would preclude recovery by his beneficiary...

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