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KORFF v. TRAVELERS INS. CO. OF HARTFORD, CONN.

No. 5657.

83 F.2d 45 (1936)

KORFF v. TRAVELERS INS. CO. OF HARTFORD, CONN.

Circuit Court of Appeals, Seventh Circuit.

April 17, 1936.

Attorney(s) appearing for the Case

William R. Higgins, of Indianapolis, Ind., and Edwin C. Henning, of Evansville, Ind., for appellant.

Burke G. Slaymaker and Daniel H. Ortmeyer, of Evansville, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Circuit Judge.

This case presents the problem of the liability of an insurer under a policy insuring against accidental death, where death results from the concurrence of an accident and a diseased condition, neither of which would have been sufficient to cause death but for the concurrence of the other. The court ruled on the question as a matter of law, directing a verdict in favor of the insurer, on the admission that "* * * the plaintiff does not contend...

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