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BOULEY v. CONTINENTAL CASUALTY COMPANY

No. 71-1312.

454 F.2d 85 (1972)

Joseph T. BOULEY, Plaintiff, Appellee, v. CONTINENTAL CASUALTY COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Richard T. Linn, with whom Gunning, Lafazia, Guys & Salya, Providence, R. I., was on brief, for appellant.

David F. Sweeney, Warwick, R. I., with whom Breslin, Sweeney, Reilly & McDonald, Warwick, R. I., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and WYZANSKI, Senior District Judge.

ALDRICH, Chief Judge.

Defendant, Continental Casualty Company, in 1962 issued a group accident and health policy to plaintiff Bouley's employer as "Holder," providing for various benefits, including monthly payments on account of total disability of the individual certificate holders, or insureds. In 1964 plaintiff applied to become an individual insured, and was accepted.1 Thereafter, as a result of an accident in May 1967, plaintiff...

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