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deMARS v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 79-1100.

610 F.2d 55 (1979)

Andrea F. deMARS, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Charles F. Barrett, Boston, Mass., with whom Werner Weinstock, Joseph G. Williams, Jr., New York City, Brian T. Kenner and Nutter, McClennen & Fish, Boston, Mass., were on brief, for defendant-appellant.

Neal C. Tully, Boston, Mass., with whom Thomas E. Cargill, Jr., and Cargill & Masterman, Boston, Mass., were on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, KUNZIG, Judge, U.S. Court of Claims, BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

This diversity case arose out of the refusal of defendant-appellant, The Equitable Life Assurance Society of the United States, to pay plaintiff-appellee, Andrea F. deMars, widow of the insured decedent, John O. deMars, benefits claimed under the accidental death provisions of a group life insurance policy. The following issues are raised on this appeal from a jury verdict in favor of appellee.

1. Is there sufficient evidence to uphold...

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