EQUITABLE LIFE ASSURANCE SOCIETY

v.

MARSHALL, ADMINISTRATOR

Citator

Cited By

• Travelers Indem. Co. v. Pray, 204 F.2d 821 (6th Cir. 1953)
  …y intelligent men would honestly differ as to the meaning of the contract, the construction most favorable to the insured should be adopted.” Marshall v. Equitable Life Assur. Soc., 6 Cir., 116 F. 2d 901, 902, 903, 135 A.L.R. 1225, certiorari denied 313 U.S. 575, 61 S.Ct. 1088, 85 L.Ed. 1533. Appellant concedes in its brief that, if the policy provision in question is ambiguous, it must be construed most favorably to the insured, but denies that the controversial clause is in actuality ambiguous. The opini…
• Gen. Fin. Corp. v. The Fid. & Cas. Co. OF NEW York, 439 F.2d 981 (8th Cir. 1971)
  …f .the various corporations incomplete, irregular and spasmodic. While it is true that fraud and dishonesty may never be presumed and left to mere speculation, Continental Casualty Co. v. First Nat’l Bank, 116 F. 2d 885 (C.A.5, 1941), cert. denied, 313 U.S. 575, 61 S.Ct. 1087, 85 L.Ed. 1533 (1941), more is not required than that it be established by a fair preponderance of the evidence which, of course, must be clear and convincing. Northwest Realty Co. v. Colling, 82 S.D. 421, 147 N.W. 2d 675 (1967); Guar…
• United Bank & Tr. Co. OF Norman v. The Kan. Bankers Sur. Co., 901 F.2d 1520 (10th Cir. 1990)
  …e insured suffered the loss, without regard to its possible remedies, when its funds were diverted through fraud. Id. 174 N.E. at 328. KBS also distinguishes Continental Casualty Co. v. First Nat’l Bank, 116 F. 2d 885, 887 (5th Cir.), cert. denied, 313 U.S. 575, 61 S.Ct. 1087, 85 L.Ed. 1533 (1941), which interpreted a bonding agreement that insured “against the direct loss sustained, while this bond is in force” to cover only an actual loss, as opposed to a theoretical or bookkeeping loss. The district cou…