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COMMERCIAL INSURANCE COMPANY OF NEWARK, N. J. v. ORR

No. 18611.

379 F.2d 865 (1967)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, a Corporation, Appellant, v. Edwin Scott ORR, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 25, 1967.

Attorney(s) appearing for the Case

Wilburn A. Duncan, St. Louis, Mo., for appellant. Robert R. Young, St. Louis, Mo., with him on the brief, together with John L. Hearne, Jefferson City, Mo.

Carl F. Sapp, of Orr, Sapp & Woods, Columbia, Mo., for appellee. Larry M. Woods and Fred Dannov, Columbia, Mo., with him on the brief.

Before VOGEL, Chief Judge, and GIBSON and HEANEY, Circuit Judges.

VOGEL, Chief Judge.

Commercial Insurance Company of Newark, New Jersey, defendant-appellant, issued an accident policy on March 13, 1962, wherein Edwin C. Orr, father of plaintiff-appellee, Edwin Scott Orr, was the named insured and plaintiff-appellee was the beneficiary as well as the designated owner of the policy. Yearly renewals kept the policy in force during all the times hereinafter considered.

On April 11, 1964, the insured, Edwin C. Orr, died as the...

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