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ATKINSON v. LIFE INS. CO. OF VIRGINIA

Record No. 751127.

228 S.E.2d 117 (1976)

Frances Kirby ATKINSON v. The LIFE INSURANCE COMPANY OF VIRGINIA.

Supreme Court of Virginia.

September 2, 1976.

Attorney(s) appearing for the Case

Evans B. Jessee, Roanoke (Arthur E. Smith, Roanoke, on brief), for plaintiff in error.

C. Thomas Burton, Jr., Roanoke (Kenneth E. Trabue, Hunter, Fox & Trabue, Roanoke, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

I'ANSON, Chief Justice.

Frances Kirby Atkinson, plaintiff, brought this action against The Life Insurance Company of Virginia (insurer) to recover as beneficiary under the accidental death provisions of a life insurance policy issued to her husband, Darrell Lee Atkinson (decedent or Atkinson).1 The case was tried without a jury, and the trial judge, in a letter opinion, found that Atkinson's death was not caused by accidental means, as...

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