ZOLINTAKIS v. EQUITABLE LIFE ASSUR. SOC.

No. 1934.

108 F.2d 902 (1940)

ZOLINTAKIS et al. v. EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied March 8, 1940.


Attorney(s) appearing for the Case

Parnell Black and H. L. Mulliner, both of Salt Lake City, Utah (Calvin W. Rawlings, H. E. Wallace, and Edgar C. Jensen, all of Salt Lake City, Utah, on the brief), for appellants.

J. D. Hurd, of Salt Lake City, Utah (E. D. Hurd, of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

The Equitable Life Assurance Society of New York, herein referred to as the company, issued an insurance policy to James Orfanos on his life, in the sum of $7,500. The policy provided for double indemnity in case of accidental death. Orfanos died while the policy was still in full force and effect. Claim was filed for accidental death, and proof of loss was submitted to the company. Liability was denied, and an action was instituted to recover...

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