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NICHOLAS v. MUTUAL BENEFIT LIFE INSURANCE CO.

No. 71-1128.

451 F.2d 252 (1971)

Inez W. NICHOLAS, Plaintiff-Appellant, v. The MUTUAL BENEFIT LIFE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

December 1, 1971.

Attorney(s) appearing for the Case

Robert M. Johnson, Memphis, Tenn., for plaintiff-appellant.

Edward P. A. Smith, Memphis, Tenn., for defendant-appellee; McDonald, Kuhn, Smith, Gandy, Miller & Tait, Memphis, Tenn., of counsel.

Before CELEBREZZE, BROOKS and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

In this diversity action we are required to consider a difficult and somewhat esoteric distinction, frequently articulated by the Tennessee courts, between "accidental means" and "accidental results" policies of insurance.

Plaintiff, Inez W. Nicholas, sued in the court below as the beneficiary of a policy of life insurance issued by defendant on the life of her son, Jerry Thomas Nicholas, to recover additional benefits under...

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