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BURGESS v. CHARLOTTESVILLE SAVINGS AND LOAN ASS'N

No. 72-2272.

477 F.2d 40 (1973)

Betty B. BURGESS, Individually and as Administratrix of the Estate of S. Reed Burgess, Jr., deceased, Appellant, v. CHARLOTTESVILLE SAVINGS AND LOAN ASSOCIATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1973.

Attorney(s) appearing for the Case

J. Robert Brame, III, Richmond, Va. (Robert H. Patterson, Jr., Richmond, Va., McGuire, Woods & Battle, Ellen V. Nash and Nash & Edelson, Charlottesville, Va., on brief), for appellant.

Stephen H. Helvin, Charlottesville, Va. (William A. Parks, Hot Springs, Va., B. B. Woodson, Charlottesville, Va., Garland M. Harwood and Shewmake & Gary, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL, and WIDENER, Circuit Judges.

RUSSELL, Circuit Judge:

The plaintiff and her deceased husband solicited a loan from the defendant Savings and Loan Association. In the loan application prepared by the defendant was the provision:

"Credit life, accident, health or loss of income insurance is not required to obtain this loan. No charge is made for such insurance and no such insurance is provided unless the borrower signs the appropriate statement below. Credit Life & Disability Income...

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