TURRILL v. LIFE INS. CO. OF NORTH AMERICA

No. 84-1146.

753 F.2d 1322 (1985)

Albert Mills TURRILL, Plaintiff-Appellant, v. LIFE INSURANCE CO. OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 25, 1985.


Attorney(s) appearing for the Case

John E. Collins, Garnett E. Hendrix, Jr., Mickey C. Shyrock, Dallas, Tex., for plaintiff-appellant.

Thompson & Knight, David S. Kidder, Malia A. Connery, Dallas, Tex., for defendant-appellee.

Before BROWN, WILLIAMS and GARWOOD, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

In this diversity case, Albert Mills Turrill appeals from a summary judgment dismissing his claim for disability benefits under a policy Life Insurance Company of North America (LINA) issued to American Airlines, Turrill's employer at the time of his accident. The district court held that Turrill failed to file with LINA a timely written proof of his claim, contrary to the terms of the policy. We reverse.

I.

At the...

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