CARTER v. BOSTON OLD COLONY INS. CO.

Nos. 77-1256, 77-1257.

581 F.2d 1123 (1978)

Irene L. CARTER, Administratrix of the Estate of Linwood Carter, Deceased, Appellee, v. BOSTON OLD COLONY INSURANCE COMPANY, Appellant, and Hartford Accident and Indemnity Company, Defendant. Irene L. CARTER, Administratrix of the Estate of Linwood Carter, Deceased, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY and Boston Old Colony Insurance Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1978.


Attorney(s) appearing for the Case

Thomas H. Oxenham, Jr. and Thomas H. Oxenham, III, Richmond, Va., for appellee in 77-1256 and for appellant in 77-1257.

Albert D. Bugg, Jr., Richmond, Va. (Nathan H. Smith, Sands, Anderson & Marks, Richmond, Va., on brief), for appellant in 77-1256.

James H. Price, III, James W. Morris, III, Browder, Russell, Little, Morris & Butcher, Richmond, Va., on brief for appellees in 77-1257.

Before HAYNSWORTH, Chief Judge, and BUTZNER and HALL, Circuit Judges.


PER CURIAM:

In this civil action within the diversity of citizenship jurisdiction, the executrix of her deceased husband's estate sought to collect medical payment benefits under two insurance policies. Though the stated limit of liability was $1,000 under its policy, the plaintiff claimed that Boston Old Colony Insurance Company was required to pay $2,000 since its policy insured two vehicles. There was no dispute that the Hartford was to pay only $500, but the plaintiff...

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