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POLLOCK v. NEW YORK LIFE INS. CO.

No. 80-2203.

691 F.2d 961 (1982)

Linda POLLOCK, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 4, 1982.

Attorney(s) appearing for the Case

George B. Handy, Ogden, Utah, for plaintiff-appellant.

Ricardo B. Ferrari, Salt Lake City, Utah, for defendant-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The plaintiff appeals from a judgment of the United States District Court for the District of Utah, Northern Division. Trial was to the court without a jury and finding was for the defendant insurance company, the holding being that no cause of action on the insurance contract existed. The trial court decided the case after hearing all the evidence presented by both sides. This being a diversity case, the law of Utah is applicable...

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