PAGE FLOORING AND CONST. CO. v. NATIONWIDE LIFE INS. CO.

No. 87-1946.

840 F.2d 159 (1988)

PAGE FLOORING AND CONSTRUCTION CO., Plaintiff, Appellant, v. NATIONWIDE LIFE INSURANCE CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 7, 1988.


Attorney(s) appearing for the Case

Bruce D. Todesco, with whom David J. Oliveira and Adler Pollock & Sheehan Inc., Providence, R.I., were on brief, for plaintiff, appellant.

Paul V. Reynolds, with whom Boyer, Reynolds & DeMarco, Ltd., Providence, R.I., was on brief, for defendant, appellee.

Before COFFIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and BREYER, Circuit Judge.


BAILEY ALDRICH, Senior Circuit Judge.

Plaintiff corporation sues on three identical insurance policies on the life of its late president, Paglia. The single indemnity was paid, but defendant resists the double indemnity, though, for reasons that we do not understand, apparently conceding the death was accidental within the policy terms. The policies provided,

Benefit The Company agrees to pay ... [if] the death of the Insured has resulted...

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