BURCH v. PRUDENTIAL INSURANCE CO. OF AMERICA

No. 11075.

165 F.Supp. 909 (1958)

Lorene A. BURCH and William J. Burch, Plaintiffs, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Defendant.

United States District Court W. D. Missouri, W. D.

September 26, 1958.


Attorney(s) appearing for the Case

Harry P. Thomson, Jr., of Shughart & Thomson, Kansas City, Mo., for plaintiffs.

Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, Mo., for defendant.


R. JASPER SMITH, District Judge.

This is an action on a life insurance policy issued by defendant to William J. Fisher, the insured, in which plaintiffs were named as beneficiaries. The primary policy was in the amount of $5,000, and by rider, decreasing term insurance was provided which for the purpose of this suit is in the amount of $10,000. The insured died on April 22, 1956. Defendant paid the amount of the primary insurance, but refused to pay the amount of...

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