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RAMSEY v. MUTUAL OF OMAHA

Nos. 80-1845, 80-1943.

652 F.2d 764 (1981)

Barbara Duncan RAMSEY, individually and as next friend of Lisa Lynn Duncan and Jean Marilyn Duncan, individually and as next friend of Matthew Duncan, Appellees, v. MUTUAL OF OMAHA, Appellant. Provident Life Insurance Company; Beneficial Standard Life Insurance Company; The Mutual Life Insurance Company of New York. Barbara Duncan RAMSEY, individually and as next friend of Lisa Lynn Duncan and Jean Marilyn Duncan, individually and as next friend of Matthew Duncan, Appellees, v. MUTUAL OF OMAHA; Provident Life Insurance Company; Beneficial Standard Life Insurance Company, The Mutual Life Insurance Company of New York, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1981.

Attorney(s) appearing for the Case

Winford L. Dunn, Jr., argued, Smith, McClerkin, Dunn & Nutter, Texarkana, Ark., for appellant Mutual of Omaha.

W. H. Arnold, III, argued, Arnold, Arnold, Lavender & Rochelle, Ltd., Texarkana, Ark., for Matthew Duncan.

Norman C. Russell, argued, Atchley, Russell, Waldrop & Hlavinka, Texarkana, Tex., for Barbara Duncan Ramsey, Individually and as Next Friend for Lisa Lynn Duncan.

Jim K. Goodman, argued, Kelley C. Callahan, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, P. C., Oklahoma City, Okl., for appellant Mutual of New York.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and LARSON, Senior District Judge.

PER CURIAM.

In this consolidated appeal Mutual of Omaha and Mutual Life Insurance Company of New York (MONY) appeal from money judgments entered upon a jury verdict finding coverage under certain accident insurance policies issued to Dr. Lawrence Duncan, now deceased. The insurers challenge the sufficiency of the evidence, as well as certain jury instructions defining "accident" under governing state law. We find no prejudicial error and affirm the judgments.

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