CASSIDY v. OCCIDENTAL LIFE INS. CO., ETC.

No. 1 CA-CIV 4072.

123 Ariz. 562 (1979)

601 P.2d 325

John A. CASSIDY and Edwin F. Cassidy, Appellants, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied September 14, 1979.

Review Denied October 2, 1979.


Attorney(s) appearing for the Case

Chris C. Tountas and John W. Rood, Phoenix, for appellants.

Evans, Kitchel & Jenckes, P.C. by Newman R. Porter, Phoenix, for appellee.


OPINION

EUBANK, Presiding Judge.

In this appeal from an order of the Superior Court dismissing plaintiffs-appellants' complaint, we are asked to decide whether a death resulting from the breaking of a previously successfully implanted internal prosthetic device was "effected solely through external, violent, and accidental means" within the meaning of the provisions of a life insurance policy issued by the appellee, so as to entitle appellants to recover for...

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