MELVILLE v. AMERICAN HOME ASSUR. CO.

No. 78-1095.

584 F.2d 1306 (1978)

Virginia J. Barry MELVILLE v. AMERICAN HOME ASSURANCE COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 5, 1978.


Attorney(s) appearing for the Case

Jerome H. Ellis, Philadelphia, Pa., Kreindler & Kreindler, New York City, for appellee; Melvin I. Friedman, Gerald A. Robbie, Steven J. Phillips, New York City, of counsel.

Sidney L. Wickenhaver, Carol A. Mager, Philadelphia, Pa., for appellant; Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., of counsel.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal by the defendant, American Home Assurance Company ("American"), from a judgment on a jury verdict in favor of the plaintiff, Virginia Barry Melville, in her action to recover the policy amount of $500,000 on an insurance policy covering accidental death. Three issues are before this court for review: (1) whether the district court erred in its choice of law determination that the New York presumption...

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