U.S. Court of Appeals for the Ninth Circuit, 1929

Union Cent. Life Ins. v. Matthew

U.S. Court of Appeals for the Ninth Circuit · Decided June 3, 1929 · Bean, Dietrich, Rudkin

33 F.2d 899; 1929 U.S. App. LEXIS 2859 (Federal Reporter, Second Series)

Counsel

F. Eldred Boland and Knight, Boland & Christin, all of San Francisco, Cal., for appellant Insurance Company., Dinkelspiel & Dinkelspiel, of San Francisco, for appellant Coppin., Thomas B. MeCue, of San Francisco, Cal., and Clifton Hildebrand, of Oakland, Cal., for appellee.

Cases that cite this one

1 later published case cites this decision.

Shira v. New York Life Ins. Co. (10th Cir. 1937)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

RUDKIN, Circuit Judge.

The appellee has filed a petition for rehearing, contending for the first time that the grace period allowed for the payment of premiums ran from the date of the policy, not from the date' when the premiums were payable, and that the time allowed for the payment of the third annual premium had not expired at the time of the death of the insured. This belated contention is without merit. Johnson v. Mutual Benefit Life Ins. Co. (C. C. A.) 143 F. 950; McCampbell v. New York Life Ins. Co. (C. C. A.) 288 F. 465; Meth*900vin v. Fidelity Mut. Life Assn., 129 Cal. 251, 61 P. 1112; Tibbits v. Mutual Ben. Life Ins. Co., 159 Ind. 671, 65 N. E. 1033; Wilkie v. New York Life Ins. Co., 146 N. C. 513, 60 S. E. 427; Wilkinson v. Commonwealth Life Ins. Co., 176 Ky. 833, 197 S. W. 557, 6 A. L. R. 769; Tigg v. Register Life Ins. Co., 152 Iowa, 720, 133 N. W. 322.

The petition for rehearing is denied.

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