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TODD v. AIG LIFE INS. CO.

No. 94-10420.

47 F.3d 1448 (1995)

Nancy J. TODD, Plaintiff-Appellee, Cross-Appellant, v. AIG LIFE INSURANCE COMPANY, et al., Defendants-Appellants, Cross-Appellee. Nancy J. TODD, Plaintiff-Appellee, Cross-Appellant, v. GROUP ACCIDENT INSURANCE PLAN FOR EMPLOYEES OF E-SYSTEMS, INC., et al., Defendants-Appellants, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1995.

Attorney(s) appearing for the Case

Frank W. Morgan, B.D. Griffin, The Woodlands, TX, for appellants.

Gary. E. Smith, R. Spencer, Graham, Bright & Smith, Dallas, TX, for appellee.

Before WHITE, Associate Justice (Ret.), BARKSDALE and PARKER, Circuit Judges.

WHITE, Associate Justice (Ret.):

This case, a suit for recovery of benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., involves the construction of an accidental death insurance policy and arises from the unfortunate death by asphyxiation of appellee's husband. The insurer refused to pay the policy's benefits after concluding that the death was not accidental. The district court granted summary judgment...

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