TRAVELERS INS. CO. v. SUMMERS

No. 82-7087.

696 F.2d 1311 (1983)

The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellee, v. Elizabeth M. SUMMERS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 31, 1983.


Attorney(s) appearing for the Case

Samuel Maples, Birmingham, Ala., for defendant-appellant.

Braxton Schell, Jr., Birmingham, Ala., for plaintiff-appellee.

Before HILL and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.


TUTTLE, Senior Circuit Judge:

This is an appeal from a summary judgment in the plaintiff Insurance Company's declaratory judgment action, limiting its liability to a return of the paid-in premiums plus interest. On appeal, the defendant beneficiary contends that the trial court erred by holding that the term "date of issue" on the face of the policy controls for the purpose of measuring the two year time period in the suicide clause, where the insurance covered by...

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