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WALL v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

No. 71-3329.

467 F.2d 321 (1972)

William Henry WALL, Jr. and Hallie A. Wall, Plaintiffs-Appellees, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 1972.

Attorney(s) appearing for the Case

T. M. Smith, Jr., Hunter S. Allen, Jr., Atlanta, Ga., for defendant-appellant.

Stack, O'Brien & Neely, Edgar A. Neely, III, John G. Morris, Atlanta, Ga., for plaintiffs-appellees.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

This is a Georgia diversity suit for wrongful cancellation of a life insurance policy on the life of Dr. William H. Wall, Sr. Georgia law permits a suit for wrongful termination of a policy to be brought immediately by the insured or upon maturity of the policy. The alleged wrongful termination occurred in 1962, and no premiums were paid thereafter. After the termination the company maintained a reduced amount of paid up term insurance on the...

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