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HORTON v. RELIANCE STANDARD LIFE INS. CO.

No. 97-2116.

141 F.3d 1038 (1998)

Frances W. HORTON, Plaintiff-Appellee-Cross-Appellant, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Provident Life and Accident Insurance Company, Defendants-Appellants-Cross-Appellees. Frances W. HORTON, Plaintiff-Appellee-Cross-Appellant, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 20, 1998.

Attorney(s) appearing for the Case

Joseph M. Rimac, Bannan, Green & Smith, San Francisco, CA, Michael W. Kehoe, Fuller, Johnson & Farrell, Pensacola, FL, David L. Bacon, Thelen, Marrin, Johnson & Bridges, Los Angeles, CA, for Defendants-Appellants-Cross-Appellees.

Stephen B. Shell, Shell, Fleming, Davis & Menge, Pensacola, FL, Frederick William Wagner, Wagner, Vaughn & McLuaghlin, Tampa, FL, Joel D. Eaton, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, PA, Miami, FL, for Plaintiff-Appellee-Cross-Appellant.

Before EDMONDSON and BIRCH, Circuit Judges, and FAY, Senior Circuit Judge.

PER CURIAM:

This appeal involves the Employee Retirement Income Security Act (ERISA). Defendants-Appellants appeal from the district court's judgment in favor of plaintiff-appellee, declaring that plaintiff is entitled to receive benefits under two insurance policies indemnifying the life of her husband. We chiefly conclude that, when the evidence is inconclusive as to whether the deceased died by accidental or intentional means, use of the legal presumptions against...

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