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MURRAY v. UNITED OF OMAHA LIFE INS. CO.

Nos. 96-5685 and 96-5747 to 96-5749.

145 F.3d 143 (1998)

Josephine MURRAY, Appellant in No. 96-5685, v. UNITED OF OMAHA LIFE INSURANCE COMPANY; Mutual of Omaha Insurance Company; American Home Assurance Company; Hartford Accident And Indemnity Company; John Hancock Mutual Life Insurance Company; Legionnaire Insurance Trust Program; Insurance Company Of North America. Josephine MURRAY v. UNITED OF OMAHA LIFE INSURANCE COMPANY; Mutual of Omaha Insurance Company; American Home Assurance Company; Hartford Accident And Indemnity Company; John Hancock Mutual Life Insurance Company; Legionnaire Insurance Trust Program; Insurance Company of North America. Appeal of HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellant in No. 96-5747. Appeal of AMERICAN HOME ASSURANCE COMPANY, Appellant in No. 96-5748. Appeal of MUTUAL OF OMAHA INSURANCE COMPANY and United of Omaha Life Insurance Company, Appellants in No. 96-5749.

United States Court of Appeals, Third Circuit.

Decided May 19, 1998.

Attorney(s) appearing for the Case

Ralph E. Polcari (Argued), Thomas J. DiChiara, Drazin & Warshaw Red Bank, NJ, for Josephine Murray.

Michael J. Zaretsky (Argued), Chorpenning, Good, Carlet & Garrison, Clifton, NJ, for Hartford Accident & Indemnity Co.

B. John Pendleton, Jr. (Argued), McCarter & English, Newark, NJ, for United of Omaha Life Ins. Co., Mutual of Omaha Ins. Co.

Chris E. Piasecki, Psak, Graziano, Piasecki & Whitelaw, Middlesex, NJ, for American Home Assurance Co.

Joseph J. Garvey, Kelaher, Garbey, Ballou, & VanDyke, Toms River, NJ, for John Hancock Mutual Life Ins. Co.

Before: BECKER, STAPLETON, Circuit Judges and FEIKENS, District Judge.

OPINION OF THE COURT

BECKER, Chief Circuit Judge.

This appeal arises from a suit on five accidental death benefit (ADB) policies (with the five defendant insurance companies), each of which provides benefits for a death that is accidental and independent of all other causes. The plaintiff, Josephine Murray, is the widow of Arthur Murray who, having been admitted to a hospital for treatment of a serious ailment, died after his condition worsened following...

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