HART v. ORION INSURANCE COMPANY

No. 668-69.

427 F.2d 528 (1970)

Fred M. HART, Plaintiff-Appellant, v. ORION INSURANCE COMPANY Limited, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 12, 1970.


Attorney(s) appearing for the Case

John T. Maley, Denver, Colo. (Robert A. Schiff, Denver, Colo., with him on the brief) for appellant.

Forrest S. Blunk, Denver, Colo., for appellee.

Before PICKETT, Senior Circuit Judge, and HILL and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

This claim is based upon an insurance policy insuring appellant Hart against occupational disability as an airline pilot, and seeks award of the benefit provided by the policy. It is a diversity action and the benefit award exceeds the $10,000 jurisdictional amount. A section of the policy provides that a medical examination and arbitration by appointed medical arbitrators will determine whether disability has occurred. The trial court by its...

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