Kansas City Life Insurance Company v. Lillian Smith Moulden, Formerly Lillian M. Smith

Tenth Circuit

Kansas City Life Insurance Company v. Lillian Smith Moulden, Formerly Lillian M. Smith

232 F.2d 706

CourtCourt of Appeals for the Tenth Circuit

DecidedMay 7, 1956

Docket5248

StatusPublished

Cited by1 cases

This text of 232 F.2d 706 (Kansas City Life Insurance Company v. Lillian Smith Moulden, Formerly Lillian M. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kansas City Life Insurance Company v. Lillian Smith Moulden, Formerly Lillian M. Smith, 232 F.2d 706 (10th Cir. 1956).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary judgment holding appellant liable on its insurance policy issued on the life of Norman N. Smith, with his wife, appellee, as beneficiary. The question is whether the policy was in force on the death of the insured, December 11, 1949, and the answer turns on whether the policy became effective on October 27, 1948, -the date of its approval and issuance in the home office, or November 11, 1948, when it was delivered to the insured by the writing agent.

On a stipulation of facts, the trial court held that the policy did not become effective until the date of delivery on November 11, 1948, and that the insured’s death therefore occurred within the grace period of the policy. For the reasons stated in the trial court’s opinion in D.C., 139 F.Supp. 904 the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a summary judgment holding appellant liable on its insurance policy issued on the life of Norman N. Smith, with his wife, appellee, as beneficiary. The question is whether the policy was in force on the death of the insured, December 11, 1949, and the answer turns on whether the policy became effective on October 27, 1948, -the date of its approval and issuance in the home office, or November 11, 1948, when it was delivered to the insured by the writing agent.

On a stipulation of facts, the trial court held that the policy did not become effective until the date of delivery on November 11, 1948, and that the insured’s death therefore occurred within the grace period of the policy. For the reasons stated in the trial court’s opinion in D.C., 139 F.Supp. 904 the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

232 F.2d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-life-insurance-company-v-lillian-smith-moulden-formerly-ca10-1956.

Opinion

Related

Cite This Page — Counsel Stack