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CAROLL v. CUNA MUT. INS. SOC.

No. 92CA2055.

876 P.2d 75 (1994)

Lyman CARROLL, Plaintiff-Appellant, v. CUNA MUTUAL INSURANCE SOCIETY, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 24, 1994.

Certiorari Granted June 27, 1994.

Attorney(s) appearing for the Case

Vance W. Wengler, Daniel B. Stageman, Colorado Springs, for plaintiff-appellant.

Sherman & Howard, Leanne B. De Vos, Anne M. Derhammer, Denver, for defendant-appellee.

Opinion by Judge NEY.

Plaintiff, Lyman Carroll, brought this action for declaratory judgment to determine whether his wife's death was covered under an accidental death policy issued by CUNA Mutual Insurance Society. The court concluded that Mrs. Carroll's death was not caused by an accident, and it therefore entered judgment in favor of CUNA. We affirm but under a different rationale.

It is undisputed that Mrs. Carroll...

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