HANSON v. AETNA LIFE & CAS.

No. 78-3661.

625 F.2d 573 (1980)

Billy L. HANSON, Plaintiff-Appellant, v. AETNA LIFE & CASUALTY, a Connecticut Corporation doing business in the State of Georgia, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 4, 1980.


Attorney(s) appearing for the Case

Gould H. K. Blair, Birmingham, Ala., for plaintiff-appellant.

Kelly, Denney, Pease & Allison, Ray L. Allison, Columbus, Ga., for defendant-appellee.

Before HILL and POLITZ, Circuit Judges, and WILLIAM C. O'KELLEY, District Judge.


JAMES C. HILL, Circuit Judge:

Billy L. Hanson sues for benefits allegedly due him under an insurance policy. The dispute concerns whether "sickness" or "accident" caused Hanson's present disability. Aetna, the insurer, notified Hanson of its position ("sickness") in November, 1974. Consistently with that position, Aetna ceased paying benefits in December, 1975. Hanson brought suit in diversity, 28 U.S.C. § 1332(a) (1976), for breach of contract. His complaint...

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