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FIDELITY & CASUALTY CO. OF NEW YORK v. DRIVER

No. 7881.

79 F.2d 713 (1935)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1935.

Attorney(s) appearing for the Case

W. W. Alexander, of Thomasville, Ga., and R. W. Shackleford, of Tampa, Fla., for appellant.

E. K. Wilcox and T. G. Connell, both of Valdosta, Ga., for appellee.

Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge.

SIBLEY, Circuit Judge.

The policy sued on insured against "bodily injury sustained through accidental means and resulting directly, independently and exclusively of all other causes in * * * (d) death." The insured died instantly on November 29, 1933, from a gunshot wound evidently from his own gun while he was hunting doves. The answer denied that the death was caused by accidental means as alleged. It then went further and set up a provision of the policy which...

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