New York Life Ins. v. Davis (5 F. Supp. 316, 1933)

SCHOONMAKER, District Judge.

This is a suit in equity, in which the plaintiff is seeking to eliminate from three life insurance policies which it issued upon the life of the defendant Edward B. Davis, the disability and double indemnity provisions.

The ease first came to the attention of the court on defendants’ motion to dismiss the bill of complaint, because: (1) It discloses no ground of equitable relief; ■ (3) the plaintiff has an adequate remedy at law. This court (MeYicar, J.), on June 28, 1933, denied this motion. The ease was then heard on bill, answer, and proofs. On these we find the following facts:

Findings of Fact.

1. The plaintiff is a mutual life insurance company, incorporated under the laws of the state of New York, and is a citizen of said state.

2. Edward B. Davis and Eleanor J. Davis are husband and wife, and citizens and residents of the commonwealth of Pennsylvania and of the Western District thereof. The Butler County National Bank & Trust Company of Butler is a banking corporation incorporated under the National Banking Aet of the United States of America [see 12 US CA § 21 et seq.], and has its place of business in said Western District of Pennsylva