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TYLER v. INSURANCE COMPANY OF NORTH AMERICA, INC.

No. 74-3655 Summary Calendar.

520 F.2d 341 (1975)

Mrs. Net V. TYLER, Administratrix of the Estate of Cecil H. Tyler, Deceased, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 1, 1975.

Attorney(s) appearing for the Case

Roscoe B. Hogan, Birmingham, Ala., for plaintiff-appellant.

Robert D. Norman, Marshall H. Fitzpatrick, Birmingham, Ala., for defendant-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

While preparing to launch a fishing boat then on a boat trailer hitched to an automobile, the Insured, Cecil Tyler, was severely injured and subsequently died. His widow brought suit for $50,000.00 under an accident policy covering death or injury from certain vehicular-related accidents.1 On the basis of the pleadings and a deposition by Tyler's son-in-law, who was present at the scene of the accident, the...

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