Mutual Life Ins. Co. of New York v. Harris
Decision Date | 07 February 1940 |
Docket Number | Civ. A. No. 167. |
Citation | 32 F. Supp. 90 |
Parties | MUTUAL LIFE INS. CO. OF NEW YORK v. HARRIS et ux. |
Court | U.S. District Court — Western District of Louisiana |
Allen Barksdale, of Ruston, and Montgomery & Montgomery, of New Orleans, La., for plaintiff.
Elder & Elder, of Ruston, La., for defendants.
In this case plaintiff has filed a petition for a declaratory judgment to have determined whether it is liable under a total and permanent disability provision of a policy of life insurance.
Defendant has excepted to the jurisdiction on the ground that the amount involved does not exceed $3,000, because the monthly payments which had accrued and were due at the time of the filing of the petition were less than that sum. However, it is my belief that a decision rendered by the Court of Appeals for this Circuit on January 27, 1940, in the case of Elmo M. Ballard et al. v. Mutual Life Insurance Company of New York, 109 F.2d 388, 389, is determinative of the issue. The facts stated and contentions made in that case are set forth by the Court of Appeals as follows:
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...Life Ins. Co. v. Goldberg, 1943, 6 Cir., 138 F.2d 192; Travelers Ins. Co. v. Helmer, 1936, D.C., 15 F.Supp. 355; Mutual Life Ins. Co. v. Harris, 1940, D.C., 32 F.Supp. 90; Travelers Ins. Co. v. Wechsler, 1940, D.C., 34 F.Supp. 721; Braun v. New York Life Ins. Co., 1941, 46 Cal.App.2d 335, 1......
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