AMERICAN FAMILY LIFE ASSUR. CO. v. BILYEU

Nos. 90-5230, 90-5298.

921 F.2d 87 (1990)

AMERICAN FAMILY LIFE ASSURANCE CO., Plaintiff-Appellant, v. Donna BILYEU, Administratrix of the Estate of Kenneth Alan Lakofka, Deceased; Donna Bilyeu, Individually, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1990.


Attorney(s) appearing for the Case

David F. Broderick (argued), Elizabeth Y. Downing, Cole, Broderick, Minton, Moore & Thornton, Bowling Green, Ky., for plaintiff-appellant.

Steven D. Downey (argued), Hixson, Downey & Travelsted, Bowling Green, Ky., for defendants-appellees.

Before KRUPANSKY, GUY and SUHRHEINRICH, Circuit Judges.


PER CURIAM.

Plaintiff, American Family Life Assurance Company (American Life), appeals from a grant of summary judgment in favor of the defendant, Donna Bilyeu, the beneficiary of her son's insurance policy.

On February 4, 1988, defendant's son, Kenneth Lakofka, purchased an accidental death insurance policy from American Life in the amount of $250,000. On March 28, 1988, Lakofka was killed instantly when a car he was driving struck a tree. Subsequent investigation...

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