Jefferson Standard Life Ins. Co. v. McIntyre
| Decision Date | 18 December 1923 |
| Docket Number | 4067. |
| Citation | 294 F. 886 |
| Parties | JEFFERSON STANDARD LIFE INS. CO. v. McINTYRE et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Giles J. Patterson, of Jacksonville, Fla. (Brooks, Hines & Smith of Greensboro, N.C., on the brief), for appellant.
Chas E. Davis, of Madison, Fla., for appellees.
Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.
On July 26, 1921, the appellant issued to Robert Stewart McIntyre two policies of insurance on the latter's life, each of which named the insured's estate as the beneficiary and contained the following clause:
'After this policy shall have been in force for one full year from the date hereof, it shall be incontestable for any cause, except for nonpayment of premium.'
The insured died on June 25, 1922. On July 24, 1922, the appellant filed its bill, seeking the cancellation of the policies because of alleged false statements as to health, etc., made by the insured in his applications for the policies, and in his answers to questions propounded to him by appellant's medical examiner in the medical examinations, which preceded the issuance of the policies. The bill alleged that the falsity of such statements was discovered by the appellant for the first time after the death of the insured. To the suit as originally brought the widow and the two surviving children of the insured were made parties defendant.
The bill alleged that after the death of the insured and prior to the filing of the bill the appellant tendered to those defendants the amount of premium paid by the insured, with interest thereon, and demanded return of the policies, and that those defendants 'are threatening and preparing to institute an action on said policies of insurance after July 26, 1922,' and the bill renewed the alleged tender. In October, 1922, the bill was amended by alleging the appointment, since the institution of the suit, of an administrator of the estate of the insured, and by making such administrator a party defendant. Motions to dismiss the bill were filed by the original defendants and by the administrator. Those motions were granted. The opinion rendered by the District Judge (Jefferson Standard Life Ins. Co. v. McIntyre, 285 F. 570) shows that the dismissal of the bill as to the administrator was on the ground that he had no interest in the proceeds of the policies, and consequently no interest in the litigation, and therefore is an improper party, and that the granting of the motion to dismiss, made...
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