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AMERICAN CASUALTY COMPANY v. ROSE

No. 7700.

340 F.2d 469 (1964)

AMERICAN CASUALTY COMPANY, Appellant, v. Mable ROSE, individually, and Mable Rose, as Guardian of Ronald, Cheryle, Carol Lee, Verl, Sarah and Barbara Rose, minor children of Mable Rose and Verl Rose, and Mable Rose, as Administratrix of the Estate of Verl Rose, Deceased, Appellees.

United States Court of Appeals Tenth Circuit.

November 25, 1964.

Attorney(s) appearing for the Case

Ernest F. Baldwin, Jr., of Hanson & Baldwin, Salt Lake City, Utah, for appellant.

Bernard M. Tanner, Salt Lake City, Utah (O. H. Matthews, Salt Lake City, Utah, with him on the brief), for appellees.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

On February 2, 1962 the defendant, American Casualty Company, upon the payment of the required premium, issued and delivered to Verl Rose a 30-day policy of insurance in the amount of $50,000 for accidental death. The named beneficiary was John M. King. Rose was accidentally killed while the policy was in effect. The insurance company denied liability, and while an action by King was pending in an...

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