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INTERN. UNDERWRITERS, INC. v. HOME INS. CO.

No. 80-1814.

662 F.2d 1084 (1981)

INTERNATIONAL UNDERWRITERS, INC., Appellee, v. The HOME INSURANCE COMPANY, Appellant. Susanne L. MONTGOMERY, Administratrix of the Estate of H. Eugene Montgomery, Appellee, v. The HOME INSURANCE COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1981.

Rehearing and Rehearing Denied December 14, 1981.

Attorney(s) appearing for the Case

C. Torrence Armstrong, Alexandria, Va. (Boothe, Prichard & Dudley, Alexandria, Va., on brief), for appellant.

Wyatt B. Durrette, Jr., Fairfax, Va. (Michael C. Montavon, Maloney & Chess, Fairfax, Va., on brief), for appellees.

Before WINTER, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 14, 1981.

WIDENER, Circuit Judge:

This case arises from the unfortunate death by asphyxiation of plaintiffs' decedent. The insurance company carrying two accident policies on the decedent refused to pay the policies' beneficiaries after concluding that the death was not an accident. The beneficiaries sued in a Virginia circuit court, and the cases were removed under...

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