LITTLE v. BANKERS LIFE & CASUALTY COMPANY

No. 28283.

426 F.2d 509 (1970)

Charles R. LITTLE, Plaintiff-Appellant, Cross-Appellee, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 1970.


Attorney(s) appearing for the Case

Bowling & Coleman, Francis S. Bowling, Jackson, Miss., Fountain D. Dawson, Greenville, Miss., for plaintiff-appellant, cross-appellee.

W. Swan Yerger, Jackson, Miss., for defendant-appellee, cross-appellant.

Before JOHN R. BROWN, Chief Judge, AINSWORTH and GODBOLD, Circuit Judges.


AINSWORTH, Circuit Judge.

This Mississippi-based diversity action is predicated upon an insurance company's refusal to pay proceeds allegedly due the named beneficiary under a certificate of insurance the company had issued covering death by accidental bodily injury to the named insured. The policy expressly excluded death by suicide from its coverage, and the insurer denied liability to the beneficiary in part on the ground that the named insured intentionally killed...

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