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WHITLOCK v. OLD AMERICAN INSURANCE COMPANY

No. 11019.

442 P.2d 26 (1968)

21 Utah 2d 131

Opal WHITLOCK, Plaintiff and Respondent, v. OLD AMERICAN INSURANCE COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Utah.

June 6, 1968.

Attorney(s) appearing for the Case

Patrick H. Fenton, Cedar City, for defendant and appellant.

J. Harlan Burns, Cedar City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Defendant insurance company appeals from an adverse jury verdict, holding it liable under an accident policy for the death of the plaintiff's husband. Its contention is that he did not die from an accident but from a disease.

In April of 1961, Arthur Whitlock, then 54 years of age, in response to a newspaper advertisement, obtained a policy from the defendant company which provided varying compensation for stated injuries and for loss...

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