SANKOVICH v. LIFE INS. CO. OF NORTH AMERICA

No. 79-4184.

638 F.2d 136 (1981)

Betty SANKOVICH, Plaintiff-Appellant, v. The LIFE INSURANCE COMPANY OF NORTH AMERICA and Credit Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1981.


Attorney(s) appearing for the Case

A. Clifford Edwards, Berger, Anderson, Sinclair & Murphy, P. C., Billings, Mont., on brief, for plaintiff-appellant.

Terry Spear, Crowley, Haughey, Hanson, Toole & Dietrick, Billings, Mont., James L. Jones, Anderson, Brown, Gerbase, Cebull & Jones, P. C., Billings, Mont., on brief, for defendants-appellees.

Before WRIGHT and CANBY, Circuit Judges, and PATEL, District Judge.


PATEL, District Judge:

Betty Sankovich, the beneficiary of two life insurance policies, appeals from the district court's grant of summary judgment holding two companies not liable on the policies. Although the parties do not dispute the underlying historical facts, we conclude that the ultimate fact — whether the insured committed suicide — presents a triable question for the jury. We reverse and remand.

I

Kenneth Sankovich, Betty...

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