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CUNNINGHAME v. EQUITABLE LIFE ASSUR. SOC. OF U. S.

No. 1309, Docket 81-7076.

652 F.2d 306 (1981)

Andrew L. CUNNINGHAME, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Michael W. Brody, New York City (Werner Weinstock, New York City, Marsh, Day & Calhoun, Bridgeport, Conn., of counsel), for defendant-appellant.

Eric J. Lieberman, Chicago, Ill. (William L. Arnold, Arnold & Hennessy, Chicago, Ill., Regnier, Taylor, Curran & Langenbach, Hartford, Conn., of counsel), for plaintiff-appellee.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

PER CURIAM:

This diversity case requires us to determine how the courts of Connecticut would interpret the terms of a group accidental death and dismemberment insurance policy under which appellee Andrew L. Cunninghame brought suit to collect damages for an injury to his spinal cord. Even if we view this insurance policy as a contract of adhesion and, therefore, construe it in a manner most favorable to Cunninghame, the policy simply does not cover Cunninghame's tragic...

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