[DOWNLOAD] "Broidy v. State Mut. Life Assur. Co." by United States Court Of Appeals Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Broidy v. State Mut. Life Assur. Co.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 11, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The plaintiff here sued in a state court for a judgment against the defendant Insurance Company reforming, so far as applicable to her late husband, a group life creditors policy previously issued to the other defendant, First Federal Savings and Loan Association of Hempstead. The group policy was a blanket one covering certain debtors of the Loan Association as identified by certificates given them upon making application and being accepted by the Company. In this instance the insurance was upon the life of plaintiffs husband, Lieutenant Colonel Vinton E. Broidy, U.S.A.A.F., who made application March 15, 1948, and who was killed in the line of duty at an Army Air Show on August 21, 1948. The Company refused payment on the ground that an "Aviation Limitation" clause in the group policy made it inapplicable to death by aviation in a noncommon-carrier plane and Mrs. Broidy then sought this reformation of the policy to supply the coverage which, she contends, was originally intended. The Company removed the case to the federal court, since it was a citizen of Massachusetts and the other parties were citizens of New York, with like interests though appearing nominally as opponents. The plaintiff made a motion to remand; and this the district court denied, upon realigning the Loan Association along with the plaintiff as being united in interest adversely to the Insurance Company. D.C.E.D.N.Y., 87 F.Supp. 271. The district court also held that Mrs. Broidy was the real party in interest and hence denied a motion to dismiss for lack of an indispensable party or in the alternative to stay the proceedings until a representative of the husbands estate could be brought in. D.C.E.D.N.Y., 10 F.R.D. 195. Then after a hearing on the merits the court held that plaintiff was bound by the policy limitation on the authority of agents to alter the policy and that the evidence did not warrant the relief sought. D.C.E.D.N.Y., 91 F.Supp. 447. Plaintiff now appeals from the resulting judgment for the defendants.