PREFERRED ACCIDENT INS. CO. v. CLARK

No. 2880.

144 F.2d 165 (1944)

PREFERRED ACCIDENT INS. CO. v. CLARK.

Circuit Court of Appeals, Tenth Circuit.

July 15, 1944.


Attorney(s) appearing for the Case

N. E. Snyder, of Kansas City, Kan., and Henry M. Shughart, of Kansas City, Mo. (Errett P. Scrivner, of Kansas City, Kan., on the brief), for appellant.

Douglas Stripp, of Kansas City, Mo., (Lee Vaughan, Jr., of Kansas City, Kan., and Henry N. Ess, Paul Barnett, and Watson, Ess, Groner, Barnett & Whittaker, all of Kansas City, Mo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

On December 24, 1912, the Preferred Accident Insurance Company1 issued its policy of accident insurance to Walter P. Clark.2 Anna Mae Clark3 brought this action to recover accidental death benefits as the named beneficiary in the policy. The policy insured against loss or disability as defined therein "resulting directly, independently and exclusively of...

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