KELLER v. ORION INSURANCE COMPANY

No. 19703.

422 F.2d 1152 (1970)

Vernoyd I. KELLER, Appellee, v. The ORION INSURANCE COMPANY, Limited, of London, England, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied April 28, 1970.


Attorney(s) appearing for the Case

R. D. Blanchard, of Meagher, Geer, Markham & Anderson, Minneapolis, Minn., for appellant; O. C. Adamson, II, Minneapolis, Minn., on the brief.

Walter W. Laidlaw, Minnetonka Village, Minn., for appellee; John J. Doherty, Minneapolis, Minn., on the brief.

Before GIBSON, LAY and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

An insurer which wrote an occupational disability policy covering an airline pilot appeals from an adverse judgment entered upon a jury award in favor of the insured pilot for $25,000.00, the face amount of the policy. Minnesota substantive law governs this diversity action.

The insuring agreement, in part, provided for payment should the insured "contract any sickness or disease, including natural deterioration * * * which shall result...

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