aetna
life
ins
hartford
haworth
argued
february
decided
march
aetna
life
ins
hartford
haworth
morrison
kansas
city
petitioner
rees
turpin
kansas
city
respondents
chief
justice
hughes
delivered
opinion
question
presented
whether
district
jurisdiction
suit
federal
declaratory
judgment
act
act
june
stat
note
question
arises
upon
plaintiff
complaint
dismissed
district
upon
ground
set
forth
constitutional
sense
hence
come
within
legitimate
scope
statute
decree
dismissal
affirmed
circuit
appeals
granted
certiorari
november
complaint
appears
plaintiff
insurance
company
issued
defendant
edwin
haworth
five
policies
insurance
upon
life
defendant
cora
haworth
named
beneficiary
complaint
set
forth
terms
policies
contained
various
provisions
present
purpose
unnecessary
fully
particularize
sufficient
observe
provided
certain
benefits
event
insured
became
totally
permanently
disabled
one
policy
issued
company
agreed
upon
receiving
requisite
proof
disability
without
payment
premiums
pay
sum
insured
dividend
additions
twenty
annual
installments
life
annuity
specified
full
settlement
four
policies
issued
respectively
amounts
aggregating
plaintiff
agreed
upon
proof
disability
waive
payment
premiums
promising
one
policies
pay
specified
amount
monthly
three
continue
life
insurance
force
four
policies
benefits
payable
death
cash
loan
values
available
whether
premiums
paid
waived
reason
described
disability
complaint
alleges
insured
ceased
pay
premiums
four
policies
last
mentioned
claimed
disability
benefits
stipulated
continued
pay
premiums
first
mentioned
policy
claimed
disability
benefits
claims
repeatedly
renewed
presented
form
affidavits
accompanied
certificates
physicians
typical
written
claim
four
policies
annexed
complaint
policies
force
insured
became
totally
permanently
disabled
disease
performing
work
conducting
business
compensation
profit
october
made
delivered
company
sworn
statement
purpose
asserting
claiming
right
policies
continued
permanent
total
disability
provision
contained
six
months
date
become
totally
permanently
disabled
furnished
evidence
disability
within
stated
time
annual
premiums
payable
year
subsequent
years
waived
reason
disability
entitled
policies
continued
force
without
payment
premiums
long
disability
continue
respect
policy
first
mentioned
appears
insured
claimed
prior
june
ceased
pay
premiums
become
totally
permanently
disabled
without
obligation
pay
premiums
entitled
stipulated
disability
benefits
including
continued
life
policy
plaintiff
alleges
consistently
times
refused
recognize
claims
insured
insisted
policies
lapsed
according
terms
reason
premiums
insured
totally
permanently
disabled
times
claims
referred
plaintiff
taking
loans
consideration
four
policies
value
remaining
policy
one
first
mentioned
value
extended
insurance
however
insured
totally
permanently
disabled
claims
five
policies
full
force
plaintiff
obliged
pay
accrued
installments
cash
disability
benefits
two
policies
provide
insured
right
claim
time
cash
surrender
values
accumulating
reason
provisions
waiver
premiums
death
cora
haworth
beneficiary
entitled
receive
face
policies
less
loans
thereon
plaintiff
thus
contends
actual
controversy
defendants
existence
total
permanent
disability
insured
continuance
obligations
asserted
despite
nonpayment
premiums
defendants
instituted
action
wherein
plaintiff
opportunity
prove
absence
alleged
disability
plaintiff
points
danger
may
lose
benefit
evidence
disappearance
illness
death
witnesses
meanwhile
absence
judicial
decision
respect
alleged
disability
plaintiff
relation
policies
compelled
maintain
reserves
excess
complaint
asks
decree
four
policies
declared
null
void
reason
lapse
nonpayment
premiums
obligation
upon
remaining
policy
held
consist
solely
duty
pay
sum
upon
death
insured
relief
exigencies
case
may
require
constitution
article
limits
exercise
judicial
power
term
distinguishable
less
comprehensive
latter
includes
suits
civil
nature
per
justice
field
pacific
railway
commission
citing
chisholm
georgia
dall
see
muskrat
old
colony
trust
commissioner
declaratory
judgment
act
limitation
actual
controversy
manifestly
regard
constitutional
provision
operative
respect
controversies
constitutional
sense
word
one
emphasis
rather
definition
thus
operation
declaratory
judgment
act
procedural
providing
remedies
defining
procedure
relation
cases
controversies
constitutional
sense
congress
acting
within
delegated
power
jurisdiction
federal
courts
congress
authorized
establish
turner
bank
north
america
dall
stevenson
fain
kline
burke
construction
exercising
control
practice
procedure
congress
confined
traditional
forms
traditional
remedies
judiciary
clause
constitution
crystallize
changeless
form
procedure
possible
means
presenting
case
controversy
otherwise
cognizable
federal
courts
nashville
chattanooga
louis
wallace
dealing
methods
within
sphere
remedial
action
congress
may
create
improve
well
abolish
restrict
declaratory
judgment
act
must
deemed
fall
within
ambit
congressional
power
far
authorizes
relief
consonant
exercise
judicial
function
determination
controversies
constitution
judicial
power
extends
sense
must
one
appropriate
judicial
determination
osborn
bank
wheat
justiciable
controversy
thus
distinguished
difference
dispute
hypothetical
abstract
character
one
academic
moot
alaska
controversy
must
definite
concrete
touching
legal
relations
parties
adverse
legal
interests
south
spring
gold
amador
gold
fairchild
hughes
massachusetts
mellon
must
real
substantial
controversy
admitting
specific
relief
decree
conclusive
character
distinguished
opinion
advising
law
upon
hypothetical
state
facts
see
muskrat
supra
texas
interstate
commerce
commission
new
jersey
sargent
liberty
warehouse
grannis
new
york
illinois
willing
chicago
auditorium
association
arizona
california
alabama
arizona
west
virginia
ashwander
tennessee
valley
authority
concrete
case
admitting
immediate
definitive
determination
legal
rights
parties
adversary
proceeding
upon
facts
alleged
judicial
function
may
appropriately
exercised
although
adjudication
rights
litigants
may
require
award
process
payment
damages
nashville
chattanooga
louis
wallace
supra
page
tutun
fidelity
national
bank
trust
swope
old
colony
trust
company
commissioner
supra
page
essential
exercise
judicial
power
injunction
sought
allegations
irreparable
injury
threatened
required
nashville
chattanooga
louis
wallace
supra
page
principles
governing
application
declaratory
judgment
act
turn
nature
controversy
relation
interests
parties
relief
sought
instant
case
dispute
parties
face
adversary
proceeding
dispute
relates
legal
rights
obligations
arising
contracts
insurance
dispute
definite
concrete
hypothetical
abstract
prior
suit
parties
taken
adverse
positions
respect
existing
obligations
contentions
concerned
disability
benefits
payable
upon
prescribed
conditions
one
side
insured
claimed
become
totally
permanently
disabled
hence
relieved
obligation
continue
payment
premiums
entitled
stipulated
disability
benefits
continuance
policies
force
insured
presented
claim
formally
required
policies
claim
present
specific
right
side
company
made
equally
definite
claim
alleged
basic
fact
exist
insured
totally
permanently
disabled
relieved
duty
continue
payment
premiums
consequence
policies
lapsed
company
thus
freed
obligation
either
pay
disability
benefits
continue
insurance
force
dispute
manifestly
susceptible
judicial
determination
calls
advisory
opinion
upon
hypothetical
basis
adjudication
present
right
upon
established
facts
dispute
turns
upon
questions
fact
withdraw
respondent
seems
contend
judicial
cognizance
legal
consequences
flow
facts
province
courts
ascertain
find
facts
order
determine
legal
consequences
everyday
practice
equally
unavailing
respondent
contention
dispute
relates
existence
fact
state
insured
health
sured
asserted
total
permanent
disability
occurring
prior
october
continuing
thereafter
upon
ground
ceased
pay
premiums
condition
time
stopped
payment
whether
totally
permanently
disabled
policies
lapse
definite
fact
controlling
fact
finally
determined
fixes
rights
obligations
policies
found
insured
totally
permanently
disabled
ceased
pay
premiums
hence
default
effect
default
consequent
right
company
treat
policies
lapsed
definitely
finally
adjudicated
found
totally
permanently
disabled
claimed
duty
company
pay
promised
disability
benefits
maintain
policies
force
likewise
adjudicated
difficulty
either
event
passing
conclusive
decree
applicable
facts
found
obligations
parties
corresponding
facts
insured
made
good
claim
decree
establishing
right
disability
benefits
continuance
policies
force
period
proved
disability
none
less
final
conclusive
matters
thus
determined
even
though
different
situation
might
later
arise
event
recovery
disability
failure
recovery
comply
requirements
policies
contention
present
distinct
subject
matter
insured
brought
suit
recover
disability
benefits
currently
payable
two
policies
question
controversy
justiciable
nature
whether
amount
involved
permitted
determination
federal
repudiation
insurer
liability
case
insistence
insured
repudiation
unjustified
disability
insured
interest
preservation
contracts
might
maintain
suit
equity
declare
still
burnet
wells
cohen
new
york
life
insurance
fidelity
national
bank
trust
swope
supra
character
controversy
issue
determined
essentially
whether
presented
insured
insurer
whether
district
may
entertain
suit
insurer
controversy
citizens
different
otherwise
within
range
federal
judicial
power
congress
determine
nature
controversy
method
presentation
particular
party
presents
determinative
see
gully
interstate
natural
gas
co
travelers
insurance
helmer
new
york
life
insurance
london
occasion
deal
questions
may
arise
progress
cause
complaint
dismissed
limine
questions
burden
proof
mode
trial
considered
courts
us
conclusion
complaint
presented
controversy
judicial
power
extends
authority
hear
determine
conferred
upon
district
declaratory
judgment
act
decree
reversed
cause
remanded
proceedings
conformity
opinion
reversed
footnotes
rehearing
denied
act
provides
cases
actual
controversy
courts
shall
power
upon
petition
declaration
complaint
appropriate
pleadings
declare
rights
legal
relations
interested
party
petitioning
declaration
whether
relief
prayed
declaration
shall
force
effect
final
judgment
decree
reviewable
relief
based
declaratory
judgment
decree
may
granted
whenever
necessary
proper
application
shall
petition
jurisdiction
grant
relief
application
deemed
sufficient
shall
reasonable
notice
require
adverse
party
whose
rights
adjudicated
declaration
show
cause
relief
granted
forthwith
declaration
right
granting
relief
based
thereon
shall
involve
determination
issues
fact
triable
jury
issues
may
submitted
jury
form
interrogatories
proper
instructions
whether
general
verdict
required