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FIDELITY & CASUALTY CO. OF NEW YORK v. MARTIN

No. 6930.

66 F.2d 438 (1933)

FIDELITY & CASUALTY CO. OF NEW YORK v. MARTIN v. MARTIN.

Circuit Court of Appeals, Ninth Circuit.

July 27, 1933.

Attorney(s) appearing for the Case

Howard Toole and Brice Toole, both of Missoula, Mont., for appellant.

John E. Patterson and Edward C. Mulroney, both of Missoula, Mont., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.

WILBUR, Circuit Judge.

This action was brought by Ines Martin against the Fidelity & Casualty Company of New York to recover $5,000 under an accident insurance policy called a "personal automobile accident policy," issued to her husband, Teddy Martin, by that company, in which she was named as beneficiary in case of the death of the insured.

The insurance contract in question contained the following provisions:

"The Fidelity and Casualty Company...

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