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ROGERS v. UNIONMUTUAL STOCK LIFE INS. CO.

No. 85-1211.

782 F.2d 1214 (1986)

Ivy ROGERS, Appellant, v. UNIONMUTUAL STOCK LIFE INSURANCE COMPANY OF AMERICA, Appellee, v. John Wilson VARGO, Executor of the Estate of Barbara Ann Vargo Rogers, Deceased, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1986.

Attorney(s) appearing for the Case

L. Alvin Hunt (Stanley E. Preiser, Preiser & Wilson on brief), for appellants.

Leonard S. Coleman (Joseph R. Goodwin; Goodwin & Goodwin on brief), for appellee.

Before RUSSELL and CHAPMAN, Circuit Judges, and MOTZ, United States District Judge for the District of Maryland, sitting by designation.

MOTZ, District Judge:

Dr. Charles Ivy Rogers, and his wife, Barbara Ann, were killed in an automobile accident on May 4, 1980. The estate of Barbara Ann received the proceeds of a life and accident insurance policy held by Charles. Mr. Ivy Rogers, Charles's father, filed this action against the insurer, Unionmutual Stock Life Insurance Company of America (Unionmutual) for recovery on the policy as contingent beneficiary. Ivy appeals the district court's order granting...

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