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WHARTON v. LINCOLN NATIONAL LIFE INSURANCE COMPANY

Civ. A. No. 1981.

134 F.Supp. 558 (1955)

Eunice WHARTON, Plaintiff, v. The LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

September 27, 1955.

Attorney(s) appearing for the Case

Bangel, Bangel & Bangel, A. A. Bangel and Stanley Bangel, Portsmouth, Va., for plaintiff.

Williams, Cocke, Worrell & Kelly, W. R. C. Cocke and Leigh D. Williams, Norfolk, Va., for defendant.

HOFFMAN, District Judge.

The sole question presented for determination on defendant's motion for summary judgment is the sufficiency of the requirement contained in the insurance contracts issued on the life of one Joseph H. Wharton providing in Supplemental Agreements for the payment of "double indemnity" as follows:

"Upon receipt of due proof that the death of the Insured resulted, directly and independently...

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