FORTENBERRY v. NEW YORK LIFE INSURANCE COMPANY

No. 71-1318.

459 F.2d 114 (1972)

Henry C. FORTENBERRY, Father of Gary C. Fortenberry, Deceased, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 1, 1972.


Attorney(s) appearing for the Case

Peter L. Niles, Knoxville, Tenn., for plaintiff-appellant.

John A. McReynolds, Jr., Knoxville, Tenn., for defendant-appellee; McAfee Lee, Knoxville, Tenn., on brief; Key & Lee, Knoxville, Tenn., of counsel.

Before CELEBREZZE, PECK and MILLER, Circuit Judges.


PER CURIAM.

Anticipating his marriage which occurred a month later, plaintiff's decedent Gary C. Fortenberry took out a whole life insurance policy with the defendant insurance company. His fiancee was named therein as beneficiary, and as his widow she some six months later filed a death claim under the policy. Pursuant thereto she was paid the face amount ($32,679.00), plus a further like amount under the double indemnity provisions, since decedent's death in an...

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