QUESINBERRY v. LIFE INS. CO. OF NORTH AMERICA

Nos. 92-1100, 92-1166.

987 F.2d 1017 (1993)

Robert E. QUESINBERRY, individually and as Administrator of the Estate of Karen S. Quesinberry, deceased, Plaintiff-Appellee, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant, and Citibank Individual Banking Group Accident Plan, Defendant. Robert E. QUESINBERRY, individually and as Administrator of the Estate of Karen S. Quesinberry, deceased, Plaintiff-Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee, and Citibank Individual Banking Group Accident Plan, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1993.


Attorney(s) appearing for the Case

William R. Rakes, Gentry, Locke, Rakes & Moore, Roanoke, VA, argued (Melissa W. Scoggins, C. Coleman, G. Edmunds, on brief), for defendant-appellant.

Thomas Daniel Frith, III, Mundy, Rogers & Frith, Roanoke, VA, argued for plaintiff-appellee.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges, sitting en banc.


OPINION

WILLIAMS, Circuit Judge:

Mr. Robert E. Quesinberry brought this action to collect proceeds as a beneficiary of an accidental death insurance policy purchased by his wife, Mrs. Karen S. Quesinberry, from Life Insurance Company of North America (LINA) through her employer. The district court awarded Mr. Quesinberry $82,500, the principal amount of the policy, as well as pre- and post-judgment interest. On appeal, LINA challenges the district court...

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