PROGRESSIVE ENTER. v. NEW ENGLAND MUT. L. INS. CO.

No. 75-1289.

538 F.2d 1057 (1976)

PROGRESSIVE ENTERPRISES, INC., Appellant, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1976.

Certiorari Denied October 18, 1976.


Attorney(s) appearing for the Case

Alvin B. Fox, Newport News, Va. (Ellenson, Fox & Wittan, Newport News, Va., on brief) for appellant.

A. C. Epps, Richmond, Va. (James W. Tredway, III, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief) for appellee.

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


Certiorari Denied October 18, 1976. See 97 S.Ct. 261.

RUSSELL, Circuit Judge.

This is a suit on a life insurance policy. The policy contained a provision barring recovery, except for return of premiums paid, if the insured committed suicide "within two years from the date of issue of this Policy." The insured admittedly committed suicide. The District Court held that such suicide occurred within the two-year period "from date of issue" and granted judgment...

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