PRUDENTIAL INSURANCE COMPANY OF AMERICA v. SCHROEDER

No. 26366.

414 F.2d 1316 (1969)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Rose Ellen SCHROEDER, Appellee.

United States Court of Appeals Fifth Circuit.

On Rehearing August 7, 1969.


Attorney(s) appearing for the Case

William Duncan, Kemp, Smith, White, Duncan & Hammond, El Paso, Tex., R. Philip Schulze, Asst. Counsel, Houston, Tex., for appellant.

Bert Bader, Woodruff, Hill, Bader & Kendall, David M. Kendall, Jr., Dallas, Tex., Richard T. Marshall, El Paso, Tex., Bader, Wilson, Menaker & Cox, Dallas, Tex., for appellee.

Before RIVES, BELL and DYER, Circuit Judges.


RIVES, Circuit Judge:

This appeal is from a judgment, entered on a jury's verdict, allowing recovery for "double indemnity" for accidental death under three life insurance policies.1

The issues presented for our decision are: (1) whether the evidence was sufficient to support the jury's determination that the insured's death resulted directly and independently of all other causes from accidental injury, and, if so, (2) whether...

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