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BENANTE v. ALLSTATE INSURANCE COMPANY

No. 72-3648. Summary Calendar.

477 F.2d 553 (1973)

Estelle BENANTE, As Surviving Wife of Carl Benante, Deceased, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 11, 1973.

Attorney(s) appearing for the Case

Richard I. Kroop, Miami Beach, Fla., for plaintiff-appellant.

Anthony Reinert, David L. Willing, Miami, Fla., for defendant-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

This Florida diversity case turns on the construction of the term "injury" as employed in a policy of accidental death and dismemberment insurance. The District Court held that, under the controlling Florida case law, the heart attack suffered by plaintiff's decedent after running to catch a scheduled airplane flight did not constitute "bodily injury caused by an accident" within the meaning of the policy and...

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