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MARKEL v. TRAVELERS INSURANCE COMPANY

No. 74-1211.

510 F.2d 1202 (1975)

Owen W. MARKEL, Executor of the Estates of Raymond E. King and Yvonne King, Deceased, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 24, 1975.

Attorney(s) appearing for the Case

Lawrence McDonough, Wichita, Kan. (Leonard A. Levand, and Jochems, Sargent & Blaes, Wichita, Kan., on the brief), for plaintiff-appellee.

John T. Conlee, Wichita, Kan. (Donald R. Newkirk, and Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., of counsel, on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a contract action brought by the executor of the estate of a deceased insured against an insurance company to recover the death benefits provided by a special travel accident policy. Jurisdiction is based on diversity of citizenship. The insurance company defended on two grounds: (1) There was no valid renewal of the policy in question; and (2) assuming that the policy was effectively renewed...

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