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WATKINS v. UNDERWRITERS AT LLOYDS, LONDON

No. 10197-PR.

107 Ariz. 56 (1971)

481 P.2d 849

Ruth Audrey WATKINS, Appellant, v. UNDERWRITERS AT LLOYDS, LONDON, Appellee.

Supreme Court of Arizona, In Banc.

March 12, 1971.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John H. Westover and James A. Teilborg, Phoenix, for appellant.

Snell & Wilmer, by Roger W. Perry and George C. Wallach, Phoenix, for appellee.

UDALL, Justice:

Plaintiff, Ruth Audrey Watkins, brought an action to recover as beneficiary under an accident insurance policy in which her deceased husband was the insured. The trial court directed a verdict for defendant, Underwriters at Lloyds, London, upon testimony that the fatal heart attack in question would not have occurred "but for" certain heart disease. The Court of Appeals reversed the directed verdict, 12 Ariz.App. 539

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