CERRO GORDO CHARITY v. FIREMAN'S FUND AM. LIFE INS.

Nos. 86-5002, 86-5003.

819 F.2d 1471 (1987)

CERRO GORDO CHARITY, an Iowa non-profit corporation and Attorney General of the State of Minnesota, v. FIREMAN'S FUND AMERICAN LIFE INSURANCE COMPANY, a California insurance corporation, Appellee, and American National Bank & Trust Co., personal representative of the Estate of May V. Wilson. Appeal of Leonard J. RICHARDS (non-party). CERRO GORDO CHARITY, an Iowa non-profit corporation and Attorney General of the State of Minnesota, v. NORTH AMERICAN LIFE AND CASUALTY COMPANY, Appellee, and American National Bank & Trust Co., personal representative of the Estate of May V. Wilson. Appeal of Leonard J. RICHARDS (non-party).

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1987.


Attorney(s) appearing for the Case

Richard G. Mark, St. Paul, Minn., for Cerro Gordo Charity.

F. Patrick McGrath, St. Paul, Minn., for Leonard J. Richards — non-party.

Steven Jamar, Minneapolis, Minn., for Fireman's Fund.

Robert S. Cragg, Minneapolis, Minn., for North American Life & Cas. Co.

Before WOLLMAN and MAGILL, Circuit Judges, and HANSEN, District Judge.


WOLLMAN, Circuit Judge.

May Wilson was found dead in the basement of a north Minneapolis storefront on May 21, 1982. Thereafter, Cerro Gordo Charity, a beneficiary of several accidental death and dismemberment insurance policies on Ms. Wilson's life, brought separate actions against North American Life and Casualty Company (North American) and Fireman's Fund American Life Insurance Company (Fireman's Fund) to collect $450,000 in proceeds.

The insurers denied...

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