BURGESS, CO-ADMINISTRATRIX, ET AL.

v.

RELIANCE LIFE INSURANCE CO.

Citator

Cited By (13 total)

• Fireman's Fund Ins. Co. v. Videfreeze Corp., 540 F.2d 1171 (3d Cir. 1976)
  …racter of the issues when the question arises.” E. Borchard, Declaratory Judgments 404-05 (2d ed. 1941). The leading case which expounded these guiding principles is Reliance Life Insurance Company v. Burgess, 112 F. 2d 234 (8th Cir.), cert. denied, 311 U.S. 699, 61 S.Ct. 137, 85 L.Ed. 453 (1940). In Burgess, the insurance company was made to bear the burden of proof but not merely because it happened to be the plaintiff in the declaratory judgment action. Rather, the court considered that the company disp…
• Lykes Bros. S.S. Co., Inc. v. The United States, 459 F.2d 1393 (Ct. Cl. 1972)
  …question depends often on the condition of the pleadings and the character of the issues when the question arises. [Borchard, Declaratory Judgments 404-05 (2d ed. 1941).] In Reliance Life Ins. Co. v. Burgess, 112 F. 2d 234 (8th Cir.), cert. denied, 311 U.S. 699, 61 S.Ct. 137, 85 L.Ed. 453 (1940), the plaintiff insurance company brought an action for a declaration of non-liability under a life insurance policy which provided for double indemnity for accidental death. The issue before the court was whether t…
• Mashpee Tribe v. NEW Seabury Corp., 592 F.2d 575 (1st Cir. 1979)
  …sition. 9 Wig-more on Evidence § 2486, at 274 (3d ed. 1940). See Pacific Portland Cement Co. v. Food Machinery & Chemical Corp., 178 F. 2d 541, 547 (9th Cir. 1949); Reliance Life Ins. Co. v. Burgess, 112 F. 2d 235, 237-38 (8th Cir.), cert. denied, 311 U.S. 699, 61 S.Ct. 137, 85 L.Ed. 453 (1949). Here defendants, by way of rebutting plaintiff’s claim to be a tribe, argued that, assuming plaintiff was a tribe at some point, the tribe voluntarily gave up its separate status. If the jury did not find that t…