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BINDER v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N

No. 65, Docket 20734.

165 F.2d 896 (1947)

BINDER v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N OF AMERICA.

Circuit Court of Appeals, Second Circuit.

On Rehearing January 15, 1948.

Attorney(s) appearing for the Case

A. Harold Frost, of New York City (Bernard Jenkin, of New York City, on the brief), for plaintiff-appellant.

Henry C. Moses, of New York City (Moses, Nehrbas & Tyler, of New York City, on the brief), for defendant-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, the widow of Arthur J. Binder, is the beneficiary named in an accident policy on his life issued by defendant. The policy insured against death "which is the direct and proximate result of and which is caused solely and exclusively by external, violent and accidental means." Plaintiff claimed that her husband's death was due to an automobile accident, while defendant contended that his death was due to a coronary thrombosis, just prior...

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